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Full text of "Session laws and resolutions passed by the General Assembly [serial]"

; ■ 



: 



THE LIBRARY OF THE 

UNIVERSITY OF 

NORTH CAROLINA 




THE COLLECTION OF 
NORTH CAROLINIANA 



N87 
1965 



UNIVERSITY OF NX. AT CHAPEL HILL 




00035484920 



This book must not 
be taken from the 
Library building. 



Form No. 471 



Digitized by the Internet Archive 

in 2011 with funding from 

Ensuring Democracy through Digital Access (NC-LSTA) 






http://www.archive.org/details/sessionlaws196365nort 



STATE OF NORTH CAROLINA 



Session Laws and Resolutions 



PASSED BY THE 



GENERAL ASSEMBLY 

AT THE 

EXTRA SESSION 

HELD IN THE CITY OF RALEIGH 

BEGINNING ON 

MONDAY, OCTOBER 14, A. D. 1963 

AND THE 

REGULAR SESSION 

HELD IN THE CITY OF RALEIGH 

BEGINNING ON 

WEDNESDAY, FEBRUARY 3, A. D. 1965 



PUBLISHED BY AUTHORITY 



Lithographed by 

Winston Printing Company 

Winston-Salem, N. C, U. S. A. 



OFFICIAL REGISTER FOR 1965-1967 



LEGISLATIVE DEPARTMENT 

Robert W. Scott President of the Senate Alamance 

H. P. Taylor, Jr Speaker of the House of Representatives. -Anson 

EXECUTIVE DEPARTMENT 

Dan K. Moore Governor Haywood 

Robert W. Scott Lieutenant Governor Alamance 

*Thad Eure Secretary of State Hertford 

*Henry L. Bridges Auditor Guilford 

*Edwin Gill Treasurer Scotland 

♦Charles F. Carroll Superintendent of Public Instruction Duplin 

Wade Bruton Attorney General Montgomery 

♦James A. Graham Commissioner of Agriculture Rowan 

♦Frank Crane Commissioner of Labor Union 

♦Edwin S. Lanier Commissioner of Insurance Orange 



♦Constitute the Council of State (Attorney General is the legal advisor to the Executive Depart- 
ment). 

JUDICIAL DEPARTMENT 

Supreme Court 

E. B. Denny Chief Justice ♦Raleigh 

R. Hunt Parker Associate Justice ♦Raleigh 

William H. Bobbitt Associate Justice ♦Raleigh 

Carlisle Higgins Associate Justice ♦Raleigh 

William B. Rodman, Jr Associate Justice ♦Raleigh 

Clifton L. Moore Associate Justice ♦Raleigh 

Susie Sharp Associate Justice ♦Raleigh 

Emergency Justice 
J . Wallace Winborne Marion 

Bert M. Montague Administrative Assist, to Chief Justice Raleigh 

Raymond M. Taylor Librarian and Marshal Raleigh 

Adrian J. Newton Clerk Raleigh 

John M. Strong Reporter Raleigh 



♦Official (not legal) residences. 



Superior Court Judges 



Name District Address 

Chester R. Morris First Coinjock 

Elbert S. Peel, Jr Second Williamston 

William J. Bundy Third Greenville 

Howard H. Hubbard Fourth Clinton 

Rudolph I. Mintz Fifth Wilmington 

Joseph W. Parker Sixth Windsor 

George M. Fountain Seventh Tarboro 

Albert W. Cowper Eighth Kinston 

Hamilton H. Hobgood Ninth Louisburg 

William Y. Bickett Tenth Raleigh 

William A. Johnson Eleventh Lillington 

E. Maurice Braswell Twelfth Fayetteville 

Raymond B. Mallard Thirteenth Tabor City 

Clarence W. Hall Fourteenth Durham 

Leo Carr Fifteenth Burlington 

Henry A. McKinnon, Jr Sixteenth Lumberton 

Allen H. G wyn Seventeenth Reidsville 

Eugene G. Shaw Eighteenth A Greensboro 

Walter E. Crissman Eighteenth B High Point 

Frank M. Armstrong Nineteenth Troy 

John D. McConnell Twentieth Southern Pines 

Walter E. Johnson, Jr Twenty-first Winston-Salem 

John R. McLaughlin Twenty-second Statesville 

Robert M. Gambill Twenty-third N. Wilkesboro 

J. Frank Huskins Twenty-fourth Burnsville 

James C. Farthing Twenty-fifth Lenoir 

Hugh B. Campbell Twenty-sixth A Charlotte 

Francis O. Clarkson Twenty-sixth B Charlotte 

P. C. Froneberger Twenty-seventh Gastonia 

W. K. McLean Twenty-eighth Asheville 

J. Will Pless, Jr Twenty-ninth _ _ Marion 

G. L. Houk Thirtieth Franklin 



iv Official Register 

Special Judges 

Walter E. Brock Wadesboro 

Edward B. Clark Elizabethtown 

J. William Copeland Murfreesboro 

James F. Latham Burlington 

Harry C. Martin _ _ _ _ Asheville 

Hubert E. May Nashville 

H. L. Riddle, Jr Morganton 

Hal Hammer Walker Asheboro 

Emergency Judges 

Walter J. Bone Nashville 

W. H. S. Burgwyn Woodland 

Zeb V. Nettles Asheville 

Q. K. Nimocks, Jr Fayetteville 

Hubert E. Olive Lexington 

George B. Patton __ _ _ Franklin 

F. Donald Phillips .".". ."....". /.V.V.Rockingham 

H. HoyleSink Greensboro 

Henry L. Stevens, Jr Warsaw 

Solicitors 
Name District Address 

Walter Cohoon First Elizabeth City 

Roy R. Holdford, Jr Second .. Wilson 

W. H. S. Burgwyn, Jr Third Woodland 

Archie Taylor Fourth Lillington 

Luther Hamilton, Jr Fifth . Morehead City 

Walter T. Britt Sixth Clinton 

William G. Ransdell, Jr Seventh Raleigh 

James C. Bowman Eighth Southport 

Lester G. Carter, Jr Ninth _ Fayetteville 

John B. Regan Ninth A . _ St. Pauls 

Dan K. Edwards Tenth ... _ Durham 

Thomas D. Cooper, Jr Tenth A Burlington 

Harvey A. Lupton Eleventh Winston-Salem 

L. Herbin, Jr Twelfth Greensboro 

M. G. Boyette Thirteenth Carthage 

Max L. Childers Fourteenth . Mt. Holly 

Kenneth R. Downs Fourteenth A . Charlotte 

Zeb A. Morris Fifteenth . . Concord 

B. T. Falls, Jr Sixteenth Shelby 

J. Allie Hayes Seventeenth N. Wilkesboro 

Leonard Lowe Eighteenth Caroleen 

Robert S. Swain Nineteenth . Asheville 

Glenn W. Brown Twentieth Waynesville 

Charles M. Neaves Twenty-first Elkin 

HEADS OF ADMINISTRATIVE DEPARTMENTS, BOARDS AND COMMISSIONS 

Department of Adjutant General 
Claude T. Bowers, Adjutant General Warren 

Department of Administration 
Edward L. Rankin, Jr., Director Wake 

Department of Agriculture 
James A. Graham, Commissioner Rowan 

Board of Alcoholic Control 
Victor Aldridge, Chairman Chatham 

N. C. Alcoholic Rehabilitation Program 
Dr. Norbert Kelly, Director Wake 

State Department of Archives and History 
Dr. Christopher Crittenden. Director Wake 

Department of Auditor 
Henry L. Bridges, State Auditor Guilford 

Banking Department 

F. Shelby Cullom, Commissioner Wake 

Commission for the Blind 
W. J. Strickland, Acting Executive Secretary Wake 

N. C. Burial Association 
(Vacancy) 

Budget Bureau 

G. A. Jones, Jr., State Budget Officer Wake 



Official Register v 

N. C. Civil Defense Agency 

Edward F. Griffin, Director Franklin 

Department of Conservation and Development 

William P. Saunders, Acting Director Moore 

Department of Community Colleges 

I. E. Ready, Director Wake 

State Board of Education 

A. C. Davis, Controller Wake 

Board of Higher Education 
Dr. William C. Archie, Director Wake 

State Board of Elections 

William Joslin, Chairman Wake 

Employment Security Commission 
Henry E. Kendall, Chairman Cleveland 

Eugenics Board of North Carolina 

Mrs. Sue L. Casebolt, Executive Secretary Wake 

General Services Division 

George B. Cherry, General Services Officer Wake 

State Board of Health 
Dr. J. W. R. Norton, State Health Director Wake 

State Highway Patrol 
D. T. Lambert, Commander Wake 

State Highway Commission 
Merrill Evans, Chairman Hertford 

State Highways 
W. F. Babcock, Director Wake 

Department of Mental Health 

Dr. Eugene A. Hargrove, Commissioner of Mental Health Wake 

Roy M. Purser, General Business Manager Wayne 

Industrial Commission 
J. W. Bean, Chairman Rowan 

Department of Insurance 
Edwin S. Lanier, Commissioner Orange 

Bureau of Investigation 
Walter F. Anderson, Director Wake 

Board of Juvenile Correction 
Blaine M. Madison, Commissioner Iredell 

Department of Justice 
Wade Bruton, Attorney General Montgomery 

Department of Labor 
Frank Crane, Commissioner Union 

N. C. State Library 
Elaine von Oesen, Acting State Librarian Wake 

Local Government Commission 
W. E. Easterling, Secretary Wake 

Medical Care Commission 
William F. Henderson, Executive Secretary Wake 

Merit System 
Claude E. Caldwell, Supervisor Wake 

N. C. Milk Commission 
J. V. Whitaker, Executive Secretary Wake 

Department of Motor Vehicles 
Ed Scheidt, Commissioner Wake 

Municipal Board of Control 
Thad Eure, Secretary (Ex-officio) Hertford 

Museum of Art 
Dr. Justus Bier, Director Wake 

State Board of Paroles 
N. F. Ransdell, Chairman Wake 

Personnel Department 
John L. Allen, Jr., Director Wake 

State Ports Authority 
Jambs W. Davis, Executive Director New Hanover 



vi Official Register 

Department of Prisons 
George W. Randall, Director Iredell 

Probation Commission 
Wm. Charles Cohoon, Director Tyrrell 

State Property Officer 
Frank Turner Wake 

N. C. Federal Property Officer 
James R. Smith Wake 

Department of Public Instruction 
Dr. Charles F. Carroll, Superintendent Duplin 

State Board of Public Welfare 
R. Eugene Brown, Commissioner Wake 

State Purchasing Officer 
Willis Holding, Jr., (acting) Wake 

Recreation Commission 
Ralph J. Andrews, Director Wake 

Retirement System 
Nathan Yelton, Executive Secretary Mitche'l 

Department of Revenue 
Ivie L. Clayton, Acting Commissioner Wake 

Rural Electrification Authority 
Gwyn B. Price, Chairman Ashe 

N. C. Board of Science and Technology 
Peter J. Chenery, Director Wake 

Department of State 
Thad Eure, Secretary of State Hertford 

Supreme Court 

Bert M. Montague, Administrative Assistant to Chief Justice Wake 

Raymond M. Taylor, Librarian and Marshal Wake 

Adrian J. Newton, Clerk Wake 

John M. Strong, Reporter "I" ~Wake 

Department of Tax Research 
H. C. Stansbury, Director Wake 

Tax Review Board 
Harlan E. Boyles, Executive Secretary Wake 

Treasury Department 
Edwin Gill, State Treasurer Scotland 

Utilities Commission 
Harry T. Westcott, Chairman Wake 

Veterans Commission 
Collin McKinne, Director Franklin 

Department of Water Resources 
Walter E. Fuli.er, Director Franklin 

Wildlife Resources Commission 
Clyde P. Patton, Executive Director Wake 

All official addresses, Raleigh, N. C. 

HEADS OF STATE HOSPITALS, CORRECTIONAL, MENTAL 
AND EDUCATIONAL INSTITUTIONS 

Confederate Woman's Home 
Mrs. Sadie J. Hughes Fayetteville 

CORRECTIONAL 

Eastern Carolina Training School for Boys 
Wm. D. Clark Rocky Mount 

Juvenile Evaluation Center 
R. Vance Robertson Swannanoa 

State Home and Industrial School for Girls 

Reva Mitchell Eagle Springs 

Leonard Training School 

William R. Windley McCain 

Morrison Training School 
Henry W. Parker Hoffman 

State Training School for Girls 
Mae D. Holmes Kinston 

Stonewall Jackson Training School 
J. Frank Scott Concord 



Official Register vn 

EDUCATIONAL 

Agricultural and Technical College Greensboro 

Lewis C. Dowdy 

Appalachian State Teachers College Boone 

W. H. Plemmons 

Asheville-Biltmore College Asheville 

W. E. Highsmith 

♦Charlotte College 

_ .Charlotte 

Bonnie E. Cone 

The Colored Orphanage of North Carolina Oxford 

T. H. Brooks 

East CAROLINA College Greenville 

Leo W. Jenkins 

Eastern North Carolina School for the Deaf Wilson 

R. M. McAdams 

ELIZABETH CITY STATE COLLEGE Elizabeth 

Walter N. Ridley 

Fayetteville State College Fayetteville 

Rudolph Jones 

The Governor Morehead School (Formerly the State School for the Blind and Deaf) 

Raleigh 

E.N. Peeler 

N. C. College at Durham 

_ „ __ Durham 

Samuel P. Massie 

N. C. School of the Arts „,„„, 

_, Winston-Salem 

Dr. Vittorio Giannini 

N. C. School for the Deaf 

„ „ Morganton 

Ben E. Hoffmeyer 

Oxford Orphanage 

„ Oxford 

A. D. Leon Gray 

Pembroke State College 

_ __ Pembroke 

English Jones 

University of North Carolina 
William C. Friday, President Chapel jam 

UNC at Chapel Hill 
Paul F. Sharp, Chancellor Chapel mil 

**N. C. State of UNC at Raleigh 
John T. Caldwell, Chancellor Raleigh 

UNC at Greensboro 
James S. Ferguson (acting), Chancellor Greensboro 

North Carolina Vocational Textile School 

_ t-, t-. Belmont 

Chris E. Folk 

Western Carolina College 

_ „ Cullowhee 

Paul Reid 

Wilmington College . 

W.M.Randall W.lm.ngton 

Winston-Salem State College 
Kenneth R. Williams Winston-Salem 

MENTAL HOSPITALS 

Broughton Hospital 
Dr. John S. McKee Morganton 

Cherry Hospital , 

Dr. M. M. Vitols Goldsboro 

Dorothea Dix Hospital f . 

Dr. Walter A. Sikes Ra.eigh 

John Umstead Hospital 
Dr. N. P. Zarzar Butner 

♦Effective July 1, 1965, becomes UNC at Charlotte 
♦♦Effective July 1, 1965, name changes to N. C. State University at Raleigh 



viii Official Register 



CENTERS FOR THE RETARDED 

Caswell Center 
Dr. Frank Badrock Kinston 

Murdoch Center 
Dr. James F. Elliott Butner 

O'Berry Center 
Dr. Vernon Mangum Goldsboro 

Western Carolina Center 
Dr. J. Iverson Riddle Morganton 

OTHER HOSPITALS 

N. C. Cerebral Palsy Hospital 
Dr. Lenox D. Baker Durham 

N. C. Orthopedic Hospital 
Dr. W. M. Roberts Gastonia 

N. C. Sanatoriums for Treatment of Tuberculosis 
Dr. H. S. Willis, Superintendent-Medical Director Chapel Hil 

N. C. Sanatorium 
Dr. W. H. Gentry McCain 

Eastern Sanatorium 
Dr. H. F. Eason Wilson 

Gravely Sanatorium 
Earl Hartsell Chapel Hill 

Western Sanatorium 
Dr. C. D. Thomas Black Mountain 

EXAMINING BOARDS AND SECRETARIES 

North Carolina State Board of Certified Public Accountant Examiners 

T. N. Grice, Secretary-Treasurer Raleigh 

North Carolina Board of Architecture 

A. Lewis Polier, Executive Director Raleigh 

State Board of Barber Examiners 

L. O. Crowe & C. T. Land, Secretaries Raleigh 

North Carolina State Board of Chiropratic Examiners 

Dr. W. Dillon Chambers, Secretary-Treasurer Asheville 

North Carolina Licensing Board for Contractors 

James M. Wells, Jr., Secretary-Treasurer Raleigh 

North Carolina State Board of Cosmetic Art Examiners 

Mrs. Catherine Munn, Executive Secretary Raleigh 

State Board of Dental Examiners 

Dr. C. C. Diercks, Secretary-Treasurer Morganton 

Board of Examiners of Electrical Contractors 

Mrs. Elizabeth F. Anderson, Secretary-Treasurer Raleigh 

North Carolina State Board of Embalmers and Funeral Directors 

Clyde O. Robinson, Executive Secretary Raleigh 

State Board of Registration for Professional Engineers and Land Surveyors 
R. B. Rice, Secretary Raleigh 

State Board of Law Examiners 
Edward L. Cannon, Secretary Raleigh 

Library Certification Board 
Margaret E. Kalp, Secretary Chapel Hill 

State Board of Medical Examiners 
Dr. Joseph J. Combs, Secretary-Treasurer Raleigh 

North Carolina Board of Nurse Registration and Nursing Education 
Carrie M. Spurgeon, Executive Secretary Raleigh 

North Carolina State Board of Opticians 
H. L. Ridgeway, Jr., Secretary-Treasurer Raleigh 

North Carolina State Board of Examiners in Optometry 
Dr. James S. Bailey, Secretary Charlotte 



Official Register ix 

North Carolina State Board of Osteopathic Examination and Registration 

Dr. Joseph H. Huff, Secretary-Treasurer Burlington 

North Carolina State Board of Pharmacy 

H. C. McAllister, Secretary-Treasurer Chapel Hill 

State Examining Committee of Physical Therapists 

Mary C. Singleton, Secretary-Treasurer Chapel Hill 

State Board of Examiners of Plumbing and Heating Contractors 

W. F. Morrison, Executive Secretary Raleigh 

State Board of Podiatry Examiners 

Dr. Walter H. Hill, Secretary-Treasurer Raleigh 

North Carolina Real Estate Licensing Board 

Joseph F. Schweidler, Secretary-Treasurer Raleigh 

State Board of Refrigeration Examiners 

James A. Dean, Executive Secretary Raleigh 

State Board of Sanitarian Examiners 
Robert W. Brown, Secretary-Treasurer Asheville 

Structural Pest Control Commission 
John L. Reitzel, Secretary Raleigh 

North Carolina Veterinary Medical Board 

Dr. J. I. Cornwell, Secretary-Treasurer Asheville 

State Board of Water Well Contractor Examiners 
W. E. Thigpen, Executive Secretary Raleigh 

UNITED STATES SENATORS 

Sam J. Ervin, Jr Morganton 

B. Everett Jordan Saxapaha w 

NORTH CAROLINA REPRESENTATIVES IN CONGRESS 

Herbert C. Bonner First District Washington 

L. H. Fountain Second District Tarboro 

David N. Henderson Thfrd District Wallace 

Harold D. Cooley Fourth District Nashville 

Ralph J. Scott Fifth District Danbury 

Horace R. Kornegay Sixth District Greensboro 

Alton A. Lennon Seventh District Wilmington 

Charles R. Jonas Eighth District Lincolnton 

James T. Broyhill Ninth District Lenoir 

Basil L. Whitener Tenth District Gastonia 

Roy A. Taylor Eleventh District Black Mountain 



CONSTITUTION 
OF THE 

State of North Carolina 



PREAMBLE 



We, the people of the State of North Carolina, grateful to Almighty 
God, the Sovereign Ruler of Nations, for the preservation of the American 
Union and the existence of our civil, political and religious liberties, and 
acknowledging our dependence upon Him for the continuance of those 
blessings to us and our posterity, do, for the more certain security thereof, 
and for the better government of this State, ordain and establish this 
Constitution : 

ARTICLE I 

DECLARATION OF RIGHTS 

That the great, general and essential principles of liberty and free 
government may be recognized and established, and that the relations of 
this State to the Union and Government of the United States, and those 
of the people of this State to the rest of the American people may be 
denned and affirmed, we do declare: 

Section 1. The equality and rights of persons. That we hold it to be 
self-evident that all persons are created equal; that they are endowed by 
their Creator with certain inalienable rights; that among these are life, 
liberty, the enjoyment of the fruits of their own labor, and the pursuit 
of happiness. 

Sec. 2. Political power and government. That all political power is 
vested in, and derived from, the people; all government of right originates 
from the people, is founded upon their will only, and is instituted solely for 
the good of the whole. 

Sec. 3. Internal government of the State. That the people of this State 
have the inherent, sole and exclusive right of regulating the internal gov- 
ernment and police thereof, and of altering and abolishing their Consti- 
tution and form of government whenever it may be necessary to their 
safety and happiness; but every such right should be exercised in pursu- 
ance of law, and consistently with the Constitution of the United States. 

Sec. 4. That there is no right to secede. That this State shall ever re- 
main a member of the American Union; that the people thereof are a part 
of the American Nation; that there is no right on the part of the State to 
secede, and that all attempts, from whatever source or upon whatever pre- 
text, to dissolve said Union or to sever said Nation, ought to be resisted 
with the whole power of the State. 



xii Constitution of North Carolina 

Sec. 5. Of allegiance to the United States Government. That every 
citizen of this State owes paramount allegiance to the Constitution and 
Government of the United States, and that no law or ordinance of the 
State in contravention or subversion thereof can have any binding force. 

Sec. 6. Public debt; bonds issued under Ordinance of Convention of 
1868, '68-69, '69-70, declared invalid; exception. The State shall never 
assume or pay, or authorize the collection of any debt or obligation, express 
or implied, incurred in aid of insurrection or rebellion against the United 
States, or any claim for the loss or emancipation of any slave; nor shall 
the General Assembly assume or pay, or authorize the collection of any tax 
to pay, either directly or indirectly, expressed or implied, any debt or bond 
incurred, or issued, by authority of the Convention of the year one thou- 
sand eight hundred and sixty-eight, nor any debt or bond incurred or issued 
by the Legislature of the year one thousand eight hundred and sixty-eight, 
either at its special session of the year one thousand eight hundred and 
sixty-eight, or at its regular sessions of the years one thousand eight hun- 
dred and sixty-eight and one thousand eight hundred and sixty-nine, and 
one thousand eight hundred and sixty-nine and one thousand eight hundred 
and seventy, except the bonds issued to fund the interest on the old debt 
of the State, unless the proposing to pay the same shall have first been sub- 
mitted to the people and by them ratified by the vote of a majority of all 
the qualified voters of the State, at a regular election held for that purpose. 

Sec. 7. Exclusive emoluments, etc. No person or set of persons are 
entitled to exclusive or separate emoluments or privileges from the commu- 
nity but in consideration of public services. 

Sec. 8. The legislative, executive and judicial powers distinct. The 
legislative, executive, and supreme judicial powers of the government ought 
to be forever separate and distinct from each other. 

Sec. 9. Of the power of suspending laws. All power of suspending 
laws, or the execution of laws, by any authority, without the consent of 
the representatives of the people, is injurious to their rights, and ought 
not to be exercised. 

Sec. 10. Elections free. All elections ought to be free. 

Sec. 11. In criminal prosecutions. In all criminal prosecutions, every 
person charged with crime has the right to be informed of the accusation 
and to confront the accusers and witnesses with other testimony, and to 
have counsel for defense, and not be compelled to give self-incriminating 
evidence, or to pay costs, jail fees, or necessary witness fees of the defense, 
unless found guilty. 

Sec. 12. Answers to criminal charges. No person shall be put to answer 
any criminal charge except as hereinafter allowed, but by indictment, pre- 
sentment, or impeachment. But any person, when represented by counsel, 
may, under such regulations as the Legislature shall prescribe, waive in- 
dictment in all except capital cases. 

Sec. 13. Right of jury. No person shall be convicted of any crime but 
by the unanimous verdict of a jury of good and lawful persons in open 
court. The Legislature may, however, provide other means of trial, for 
petty misdemeanors, with the right of appeal. 



Constitution of North Carolina xiii 

Sec. 14. Excessive bail. Excessive bail should not be required, nor ex- 
cessive fines imposed, nor cruel or unusual punishments inflicted. 

Sec 15. General warrants. General warrants, whereby any officer or 
messenger may be commanded to search suspected places, without evidence 
of the act committed, or to seize any person or persons not named, whose 
offense is not particularly described and supported by evidence, are dan- 
gerous to liberty and ought not to be granted. 

SEC. 16. Imprisonment for debt. There shall be no imprisonment for 
debt in this State, except in cases of fraud. 

SEC. 17. No persons taken, etc., bat by law of land. No person 
ought to be taken, imprisoned or disseized of his freehold, liberties, or 
privileges, or outlawed or exiled, or in any manner deprived of his life, 
liberty or property, but by the law of the land. 

Sec. 18. Persons restrained of liberty. Every person restrained of his 
liberty is entitled to a remedy to inquire into the lawfulness thereof, and 
to remove the same, if unlawful; and such remedy ought not to be denied 
or delayed. 

Sec. 19. Controversies at law respecting property. In all controversies 
at law respecting property, the ancient mode of trial by jury is one of the 
best securities of the rights of the people, and ought to remain sacred and 
inviolable. No person shall be excluded from jury service on account of sex. 
Sec. 20. Freedom of the press. The freedom of the press is one of the 
great bulwarks of liberty, and therefore ought never to be restrained, but 
every individual shall be held responsible for the abuse of the same. 

Sec. 21. Habeas corpus. The privilege of the writ of habeas corpus 
shall not be suspended. 

Sec. 22. Property qualification. As political rights and privileges are 
not dependent upon, or modified by, property, therefore no property quali- 
fication ought to affect the right to vote or hold office. 

Sec. 23. Representation and taxation. The people of the State ought 
not be taxed, or made subject to the payment of any impost or duty 
without the consent of themselves, or their representatives in General 
Assembly, freely given. 

Sec. 24. Militia and the right to bear arms. A well regulated militia 
being necessary to the security of a free State, the right of people to 
keep and bear arms shall not be infringed; and, as standing armies in time 
of peace are dangerous to liberty, they ought not to be kept up, and the 
military should be kept under strict subordination to, and governed by, the 
civil power. Nothing herein contained shall justify the practice of carrying 
concealed weapons, or prevent the Legislature from enacting penal statutes 
against said practice. 

Sec. 25. Right of the people to assemble together. The people have a 
right to assemble together to consult for their common good, to instruct 
their representatives, and to apply to the Legislature for redress of griev- 
ances. But secret political societies are dangerous to the liberties of a free 
people, and should not be tolerated. 



xiv Constitution of North Carolina 

Sec. 26. Religious liberty. All persons have a natural and inalienable 
right to worship Almighty God according to the dictates of their own con- 
sciences, and no human authority should, in any case whatever, control or 
interfere with the rights of conscience. 

Sec. 27. Education. The people have a right to the privilege of educa- 
tion, and it is the duty of the State to guard and maintain that right. 

Sec. 28. Elections should be frequent. For redress of grievances, and 
for amending and strengthening the laws, elections should be often held. 

Sec. 29. Recurrence to fundamental principles. A frequent recurrence 
to fundamental principles is absolutely necessary to preserve the blessings 
of liberty. 

Sec. 30. Hereditary emoluments, etc. No hereditary emoluments, privi- 
leges, or honors ought to be granted or conferred in this State. 

Sec. 31. Perpetuities, etc. Perpetuities and monopolies are contrary to 
the genius of a free State, and ought not to be allowed. 

Sec. 32. Ex post facto laws. Retrospective laws, punishing acts com- 
mitted before the existence of such laws, and by them only declared crimi- 
nal, are oppressive, unjust, and incompatible with liberty; wherefore no 
ex post facto law ought to be made. No law taxing retrospectively sales, 
purchases, or other acts previously done, ought to be passed. 

Sec. 33. Slavery prohibited. Slavery and involuntary servitude, other- 
wise than for crime, whereof the parties shall have been duly convicted, 
shall be, and are hereby, forever prohibited within the State. 

Sec. 34. State boundaries. The limits and boundaries of the State shall 
be and remain as they now are. 

Sec. 35. Courts shall be open. All courts shall be open; and every per- 
son for an injury done him in his lands, goods, person, or reputation, shall 
have remedy by due course of law, and right and justice administered with- 
out sale, denial, or delay. 

Sec. 36. Soldiers in time of peace. No soldier shall, in time of peace, 
be quartered in any house without the consent of the owner; nor in time 
of war but in a manner prescribed by law. 

Sec. 37. Treason against the State. Treason against the State shall 
consist only in levying war against it or adhering to its enemies, giving 
them aid and comfort. No person shall be convicted of treason unless on 
the testimony of two witnesses to the same overt act, or on confession in 
open court. No conviction of treason or attainder shall work corruption 
of blood or forfeiture. 

Sec. 38. Other rights of the people. This enumeration of rights shall 
not be construed to impair or deny others retained by the people; and all 
powers not herein delegated remain with the people. 

ARTICLE II 

LEGISLATIVE DEPARTMENT 

Section 1. Two branches. The legislative authority shall be vested in 
two distinct branches, both dependent on the people, to-wit: a Senate and 
House of Representatives. 



Constitution of North Carolina xv 

Sec. 2. Time of assembly. The Senate and House of Representatives 
shall meet biennially on the first Wednesday after the first Monday in 
February next after their election, unless a different day shall be provided 
by law; and when assembled, shall be denominated the General Assembly. 
Neither house shall proceed upon public business unless a majority of all 
the members are actually present. 

Sec. 3. Number of Senators. The Senate shall be composed of fifty 
Senators, biennially chosen by ballot. 

Sec. 4. Regulations in relation to districting the State for Senators. 
The Senate Districts shall be so altered by the General Assembly, at the 
first session after the return of every enumeration by order of Congress, 
that each Senate District shall contain, as near as may be, an equal num- 
ber of inhabitants, excluding aliens and Indians not taxed, and shall re- 
main unaltered until the return of another enumeration, and shall at all 
times consist of contiguous territory; and no county shall be divided in 
the formation of a Senate District, unless such county shall be equitably 
entitled to two or more Senators. 

Sec. 5. Regulations in relation to apportionment of Representatives. 
The House of Representatives shall be composed of 120 Representatives, 
biennially chosen by ballot, to be elected by the counties respectively, 
according to their population, and each county shall have at least one 
Representative in the House of Representatives, although it may not con- 
tain the requisite ratio of representation. This apportionment shall be made 
by the Speaker of the House of Representatives at the first regular Session 
of the General Assembly convening after the return of every enumeration 
by order of Congress. The formula set out in Section 6 of this Article shall 
be applied by the Speaker and the new apportionment entered on the 
Journal of the House of Representatives on or before the 60th calendar day 
of the Session. When so entered, the new apportionment shall have the 
same force and effect as an Act of the General Assembly, and shall become 
effective at the next election for members of the General Assembly. 

Sec. 6. Ratio of representation. In making the apportionment in the 
House of Representatives, the ratio of representation shall be ascertained 
by dividing the amount of the population of the State, exclusive of that com- 
prehended within those counties which do not severally contain the one 
hundred and twentieth part of the population of the State, by the num- 
ber of Representatives, less the number assigned to such counties; and in 
ascertaining the number of the population of the State, aliens and Indians 
not taxed shall not be included. To each county containing the said ratio 
and not twice the said ratio there shall be assigned one Representative; to 
each county containing twice but not three times the said ratio there shall 
be assigned two Representatives, and so on progressively, and then the 
remaining Representatives shall be assigned severally to the counties hav- 
ing the largest fractions. 

Sec. 7. Qualifications for Senators. Each member of the Senate shall 
not be less than twenty-five years of age, shall have resided in the State 
as a citizen two years, and shall have usually resided in the district for 
which he was chosen one year immediately preceding his election. 



xvi Constitution of North Carolina 

Sec. 8. Qualifications for Representatives. Each member of the House 
of Representatives shall be a qualified elector of the State, and shall have 
resided in the county for which he is chosen for one year immediately pre- 
ceding his election. 

SEC. 9. Election of officers. In the election of all officers, whose appoint- 
ment shall be conferred upon the General Assembly by the Constitution, 
the vote shall be viva voce. 

Sec. 10. Powers in relation to divorce and alimony. The General 

Assembly shall have power to pass general laws regulating divorce and 

alimony, but shall not have power to grant a divorce or secure alimony 
in any individual case. 

Sec. 11. Private laivs in relation to names of persons, etc. The General 
Assembly shall not have power to pass any private law to alter the name 
of any person, or to legitimate any person not born in lawful wedlock, or 
to restore to the rights of citizenship any person convicted of an infamous 
crime, but shall have power to pass general laws regulating the same. 

Sec. 12. Thirty days notice shall be given anterior to passage of pri- 
vate laws. The General Assembly shall not pass any private law, unless it 
shall be made to appear that thirty days notice of application to pass such 
a law shall have been given, under such direction and in such manner as 
shall be provided by law. 

Sec. 13. Vacancies. If a vacancy shall occur in the General Assembly 
by death, resignation or otherwise, the said vacancy shall be filled immedi- 
ately by the Governor appointing the person recommended by the executive 
committee of the county in which the deceased or resigned member was 
resident, being the executive committee of the political party with which 
the deceased or resigned member was affiliated at the time of his election. 

Sec. 14. Revenue. No law shall be passed to raise money on the credit 
of the State, or to pledge the faith of the State, directly or indirectly, for 
the payment of any debt, or to impose any tax upon the people of the 
State, or to allow the counties, cities or towns to do so, unless the bill for the 
purpose shall have been read three several times in each House of the Gen- 
eral Assembly and passed three several readings, which readings shall have 
been on three different days, and agreed to by each house respectively, and 
unless the yeas and nays on the second and third readings of the bill shall 
have been entered on the journal. 

Sec. 15. Entails. The General Assembly shall regulate entails in such 
a manner as to prevent perpetuities. 

Sec. 16. Journals. Each house shall keep a journal of its proceedings, 
which shall be printed and made public immediately after the adjourn- 
ment of the General Assembly. 

Sec. 17. Protest. Any member of either house may dissent from, 
and protest against, any act or resolve which he may think injurious to the 
public, or any individual, and have the reasons for his dissent entered on 
the journal. 

SEC. 18. Officers of the House. The House of Representatives shall 
choose their own Speaker and other officers. 



Constitution of North Carolina xvii 

Sec. 19. President of the Senate. The Lieutenant-Governor shall pre- 
side in the Senate, but shall have no vote unless it may be equally divided. 

Sec. 20. Other senatorial officers. The Senate shall elect from its 
membership a President Pro Tempore, who shall become President of the 
Senate upon the failure of the Lieutenant-Governor-elect to qualify, or 
upon succession by the Lieutenant-Governor to the office of Governor, or 
upon the death, resignation, or removal from office of the President of the 
Senate, and who shall serve until the expiration of his term of office as 
Senator. 

During the physical or mental incapacity of the President of the Senate 
to perform the duties of his office, or during the absence of the President 
of the Senate, the President Pro Tempore shall preside over the Senate. 
The Senate shall elect its other officers. 

Sec. 21. Style of the acts. The style of the acts shall be: "The General 
Assembly of North Carolina do enact." 

Sec. 22. Powers of the General Assembly. Each house shall be judge 
of the qualifications and election of its own members, shall sit upon its own 
adjournment from day to day, prepare bills to be passed into laws; and 
the two houses may also jointly adjourn to any future day, or other place. 

Sec. 23. Bills and resolutions to be read three times, etc. All bills and 
resolutions of a legislative nature shall be read three times in each house 
before they pass into laws, and shall be signed by the presiding officers of 
both houses. 

Sec. 24. Oath of members. Each member of the General Assembly, be- 
fore taking his seat, shall take an oath or affirmation that he will support 
the Constitution and laws of the United States, and the Constitution of 
the State of North Carolina, and will faithfully discharge his duty as a 
member of the Senate or House of Representatives. 

Sec. 25. Terms of office. The terms of office for Senators and members 
of the House of Representatives shall commence at the time of their 
election. 

Sec. 26. Yeas and nays. Upon motion made and seconded in either 
House by one-fifth of the members present, the yeas and nays upon any 
question shall be taken and entered upon the journals. 

Sec. 27. Election for members of the General Assembly. The election 
for members of the General Assembly shall be held for the respective dis- 
tricts and counties, at the places where they are now held, or may be 
directed hereafter to be held, in such manner as may be prescribed by law, 
on the first Thursday in August, in the year one thousand eight hundred 
and seventy, and every two years thereafter. But the General Assembly 
may change the time of holding the elections. 

Sec. 28. Pay of members a>nl presiding officers of the General Assem- 
bly. The members of the General Assembly for the term for which they 
have been elected shall receive as a compensation for their services the 
sum of fifteen dollars ($15.00) per day for each day of their session for 
a period not exceeding 120 days. The compensation of the presiding officers 
of the two houses shall be twenty dollars ($20.00) per day for a period not 
exceeding 120 days. Should an extra session of the General Assembly be 



xviii Constitution of North Carolina 

called, the members and presiding officers shall receive a like rate of com- 
pensation for a period not exceeding 25 days. The members and presiding 
officers shall also receive, while engaged in legislative duties, such sub- 
sistence and travel allowance as shall be established by law; provided, 
such allowances shall not exceed those established for members of State 
boards and commissions generally. 

Sec. 29. Limitations upon power of General Assembly to enact private 
or special legislation. The General Assembly shall not pass any local, pri- 
vate or special act or resolution relating to health, sanitation, and the abate- 
ment of nuisances, changing the names of cities, towns, and townships; 
authorizing the laying out, opening, altering, maintaining, or discontinuing 
of highways, streets, or alleys; relating to ferries or bridges; relating to 
non-navigable streams; relating to cemeteries; relating to the pay of 
jurors; erecting new townships, or changing township lines or establish- 
ing or changing the lines of school districts; remitting fines, penalties, and 
forfeitures, or refunding moneys legally paid into the public treasury; 
regulating labor, trade, mining, or manufacturing; extending the time for 
the assessment or collection of taxes or otherwise relieving any collector 
of taxes from the due performance of his official duties or his sureties 
from liability; giving effect to informal wills and deeds; nor shall the 
General Assembly enact any such local, private or special act by the partial 
repeal of a general law, but the General Assembly may at any time repeal 
local, private or special laws enacted by it. Any local, private or special 
act or resolution passed in violation of the provisions of this section shall 
be void. The General Assembly shall have power to pass general laws 
regulating matters set out in this section. 

Sec. 30. Inviolability of sinking funds. The General Assembly shall not 
use or authorize to be used any part of the amount of any sinking fund for 
any purpose other than the retirement of the bonds for which said sinking 
fund has been created. 

Sec. 31. Use of funds of Teachers' and State Employees' Retirement 
System restricted. The General Assembly shall not use or authorize to be 
used, nor shall any agency of the State, public officer or public employee 
use or authorize to be used the funds, or any part of the funds, of the 
Teachers' and State Employees' Retirement System except for retirement 
system purposes. The funds for the Teachers' and State Employees' Retire- 
ment System shall not be applied, diverted, loaned to or used by the State, 
any State agency, State officer, public officer or employee except for pur- 
poses of the Retirement System: Provided, that nothing in this Section 
shall prohibit the use of said funds for the payment of benefits as author- 
ized by the Teachers' and State Employees' Retirement Law, nor shall any- 
thing in this provision prohibit the proper investment of said funds as 
may be authorized by law. 

ARTICLE III 

EXECUTIVE DEPARTMENT 

Section 1. Officers of the Executive Department; terms of office. The 
Executive Department shall consist of a Governor, in whom shall be vested 



Constitution of North Carolina xix 

the supreme executive power of the State; a Lieutenant-Governor, a Secre- 
tary of State, an Auditor, a Treasurer, a Superintendent of Public Instruc- 
tion, an Attorney General, a Commissioner of Agriculture, a Commissioner 
of Labor, and a Commissioner of Insurance, who shall be elected for a term 
of four years by the qualified electors of the State, at the same time and 
places and in the same manner as members of the General Assembly are 
elected. Their term of office shall commence on the first day of January 
next after their election, and continue until their successors are elected 
and qualified: Provided, that the officers first elected shall assume the duties 
of their office ten days after the approval of this Constitution by the Con- 
gress of the United States, and shall hold their offices four years from and 
after the first day of January. 

Sec. 2. Qualifications of Governor and Lieutenant-Governor. No per- 
son shall be eligible for election to the office of Governor or Lieutenant- 
Governor, unless he shall have attained the age of 30 years, shall have been 
a citizen of the United States five years, and shall have been a resident 
of this State for two years next before the election; nor shall a person 
elected to either of these two offices be eligible for election for the next 
succeeding term of the same office. 

Sec. 3. Returns of elections. The return of every election for officers of 
the Executive Department shall be sealed up and transmitted to the seat 
of government by the returning officer, directed to the Secretary of State. 
The return shall be canvassed and the result declared in such manner as 
may be prescribed by law. Contested elections shall be determined by a 
joint ballot of both houses of the General Assembly in such manner as 
shall be prescribed by law. 

Sec. 4. Oath of office for Governor. The Governor, before entering upon 
the duties of his office, shall, in the presence of the members of both 
branches of the General Assembly, or before any Justice of the Supreme 
Court, take an oath or affirmation that he will support the Constitution 
and laws of the United States, and of the State of North Carolina, and 
that he will faithfully perform the duties appertaining to the office of 
Governor, to which he has been elected. 

Sec. 5. Duties of Governor. The Governor shall reside at the seat of 
government of this State, and he shall, from time to time, give the Gen- 
eral Assembly information of the affairs of the State, and recommend to 
their consideration such measures as he shall deem expedient. 

Sec. 6. Reprieves, commutations and pardons. The Governor shall have 
power to grant reprieves, commutations and pardons, after conviction, 
for all offenses (except in cases of impeachment), upon such conditions as 
he may think proper, subject to such regulations as may be provided by 
law relative to the manner of applying for pardons. He shall biennially 
communicate to the General Assembly each case of reprieve, commutation, 
or pardon granted, stating the name of each convict, the crime for which 
he was convicted, the sentence and its date, the date of commutation, 
pardon, or reprieve, and the reasons therefor. The terms reprieves, commu- 
tations and pardons shall not include paroles. The General Assembly is 
authorized and empowered to create a Board of Paroles, provide for the 
appointment of the members thereof, and enact suitable laws defining the 



xx Constitution of North Carolina 

duties and authority of such board to grant, revoke and terminate paroles. 
The Governor's power of paroles shall continue until July 1, 1955, at which 
time said power shall cease and shall be vested in such Board of Paroles as 
may be created by the General Assembly. 

Sec. 7. Reports from officers of the Executive Department and of public 
institutions. The officers of the Executive Department and of the public 
institutions of the State shall, at least five days previous to each regular 
session of the General Assembly, severally report to the Governor, who 
shall transmit such reports, with his message, to the General Assembly; 
and the Governor may, at any time, require information in writing from 
the officers in the Executive Department upon any subject relating to the 
duties of their respective offices, and shall take care that the laws be faith- 
fully executed. 

Sec. 8. Commander-in-Chief. The Governor shall be Commander-in- 
Chief of the militia of the State, except when they shall be called into the 
service of the United States. 

Sec. 9. Extra sessions of the General Assembly. The Governor shall 
have power on extraordinary occasions, by and with the advice of the 
Council of State, to convene the General Assembly in Extra Session by his 
proclamation, stating therein the purpose or purposes for which they are 
thus convened. 

Sec. 10. Officers whose appointments are not otherwise provided for. 
The Governor shall nominate, and by and with the advice and consent of a 
majority of the Senators-elect, appoint all officers whose offices are estab- 
lished by this Constitution and whose appointments are not otherwise 
provided for. 

Sec. 11. Duties of the Lieutenant-Governor. The Lieutenant-Governor 
shall be President of the Senate, but shall have no vote unless the Senate 
be equally divided. He shall receive such compensation as shall be fixed by 
the General Assembly. 

Sec. 12. Succession to office of Governor. The Lieutenant-Governor- 
elect shall become Governor upon the failure of the Governor-elect to 
qualify. The Lieutenant-Governor shall become Governor upon the death, 
resignation, or removal from office of the Governor. The further order of 
succession to the office of Governor shall be prescribed by law. A successor 
shall serve for the remainder of the term of the Governor whom he suc- 
ceeds and until a new Governor is elected and qualified. 

During the absence of the Governor from the State, or during the 
physical or mental incapacity of the Governor to perform the duties of 
his office, the Lieutenant-Governor shall be Acting Governor. The further 
order of succession as Acting Governor shall be prescribed by law. 

The Governor may, by a written statement filed with the Secretary of 
State, declare that he is physically incapable of performing the duties of 
his office, and may thereafter in the same manner declare that he is 
physically capable of performing the duties of his office. 

The mental incapacity of the Governor to perform the duties of his 
office shall be determined only by joint resolution adopted by a vote of two- 
thirds of all the members of each house of the General Assembly. There- 



Constitution of North Carolina xxi 

after, the mental capacity of the Governor to perform the duties of his 
office shall be determined only by joint resolution adopted by a vote of a 
majority of all the members of each house of the General Assembly. In all 
cases, the General Assembly shall give the Governor such notice as it may 
deem proper and shall allow him an opportunity to be heard before a Joint 
Session of the General Assembly before it takes final action. When the 
General Assembly is not in Session, the Council of State, a majority of its 
members concurring, may convene it in Extra Session for the purpose of 
proceeding under this paragraph. 

Removal of the Governor from office for any other cause shall be by 
impeachment. 

Sec. 13. Duties of other executive officers. The respective duties of the 
Secretary of State, Auditor, Treasurer, Superintendent of Public Instruc- 
tion, Attorney General, Commissioner of Agriculture, Commissioner of 
Labor, and Commissioner of Insurance shall be prescribed by law. If the 
office of any of these officers shall be vacated by death, resignation, or 
otherwise, it shall be the duty of the Governor to appoint another to serve 
until his successor be elected and qualified. Every such vacancy shall be 
filled by election at the first election for members of the General Assembly 
that occurs more than 30 days after the vacancy has taken place, and the 
person chosen shall hold the office for the remainder of the unexpired term 
fixed in the first Section of this Article: Provided, that when a vacancy 
occurs in the office of any of the officers named in this Section and the 
term expires on the first day of January succeeding the next election for 
members of the General Assembly, the Governor shall appoint to fill the 
vacancy for the unexpired term of the office. 

Upon the occurrence of a vacancy in the office of any one of these 
officers for any of the causes stated in the preceding paragraph, the Gover- 
nor may appoint an acting officer to perform the duties of that office until 
a person is appointed or elected pursuant to this Section to fill the vacancy 
and is qualified. 

During the physical or mental incapacity of any one of these officers to 
perform the duties of his office, as determined pursuant to the provisions 
of this Section, the duties of his office shall be performed by an acting 
officer who shall be appointed by the Governor. 

The General Assembly shall by law prescribe with respect to those 
officers, other than the Governor, whose offices are created by this Article, 
procedures for determining the physical or mental incapacity of any officer 
to perform the duties of his office, and for determining whether an officer 
who has been temporarily incapacitated has sufficiently recovered his 
physical or mental capacity to perform the duties of his office. Removal of 
those officers from office for any other cause shall be by impeachment. 

Sec. 14. Council of State. The Secretary of State, Auditor, Treasurer, 
Superintendent of Public Instruction, Commissioner of Agriculture, Com- 
missioner of Labor, and Commissioner of Insurance shall constitute, ex 
officio, the Council of State, who shall advise the Governor in the execution 
of his office, and three of whom shall constitute a quorum; their advice 
and proceedings in this capacity shall be entered in a journal, to be kept 
for this purpose, exclusively, and signed by the members present, from any 



xxii Constitution of North Carolina 

part of which any member may enter his dissent; and such journal shall 
be placed before the General Assembly when called for by either house. 
The Attorney General shall be, ex officio, the legal adviser of the Executive 
Department. 

Sec. 15. Compensation of executive officers. The officers mentioned in 
this Article shall, at stated periods, receive for their services a compensa- 
tion to be established by the General Assembly, which shall not be diminished 
during the time for which they shall have been elected. 

Sec. 16. Seal of State. There shall be a seal of the State, which shall 
be kept by the Governor, and used by him, as occasion may require, and 
shall be called "The Great Seal of the State of North Carolina". All grants 
and commissions shall be issued in the name and by the authority of the 
State of North Carolina, sealed with "The Great Seal of the State", signed 
by the Governor, and countersigned by the Secretary of State. 

Sec. 17. Department of Agriculture, Immigration and Statistics. The 
General Assembly shall establish a Department of Agriculture, Immigra- 
tion, and Statistics, under such regulations as may best promote the agri- 
cultural interests of the State, and shall enact laws for the adequate pro- 
tection and encouragement of sheep husbandry. 

Sec. 18. Department of Justice. The General Assembly is authorized 
and empowered to create a Department of Justice under the supervision 
and direction of the Attorney General, and to enact suitable laws defining 
the authority of the Attorney General and other officers and agencies con- 
cerning the prosecution of crime and the administration of the criminal 
laws of the State. 

ARTICLE IV 

JUDICIAL DEPARTMENT 

Section 1. Division of judicial power. The judicial power of the State 
shall, except as provided in Section 3 of this Article, be vested in a Court 
for the Trial of Impeachments and in a General Court of Justice. The Gen- 
eral Assembly shall have no power to deprive the judicial department 
of any power or jurisdiction which rightfully pertains to it as a co-ordinate 
department of the government, nor shall it establish or authorize any 
courts other than as permitted by this Article. 

Sec. 2. General Court of Justice. The General Court of Justice shall 
constitute a unified judicial system for purposes of jurisdiction, operation, 
and administration; and shall consist of an appellate division, a Superior 
Court division, and a District Court division. 

Sec. 3. Judicial powers of administrative agencies. The General Assem- 
bly may vest in administrative agencies established pursuant to law such 
judicial powers as may be reasonably necessary as an incident to the ac- 
complishment of the purposes for which the agencies were created. Appeals 
from administrative agencies shall be to the General Court of Justice. 

Sec. 4. Court for the Trial of Impeachments. The House of Repre- 
sentatives solely shall have the power of impeaching. The Court for the 
Trial of Impeachments shall be the Senate. When the Governor or Lieu- 



Constitution of North Carolina xxiii 

tenant-Governor is impeached, the Chief Justice shall preside over the 
Court. A majority of the members shall be necessary to a quorum, and 
no person shall be convicted without the concurrence of two-thirds of 
the Senators present. Judgment upon conviction shall not extend beyond 
removal from and disqualification to hold office in this State, but the party 
shall be liable to indictment and punishment according to law. 

Sec. 5. Appellate Division. The appellate division of the General 
Court of Justice shall consist of the Supreme Court. 

Sec. 6. Supreme Court. 

(1) Membership. The Supreme Court shall consist of a Chief Justice 
and six Associate Justices, but the General Assembly may increase the 
number of Associate Justices to not more than eight. In the event the 
Chief Justice is unable, on account of absence or temporary incapacity, 
to perform any of the duties placed upon him, the senior Associate Justice 
available is authorized to discharge such duties. The General Assembly 
may provide for the retirement of members of the Supreme Court and 
for the recall of such retired members to serve on that Court in lieu of 
any active member thereof who is, for any cause, temporarily incapacitated. 

(2) Sessions of the Supreme Court. The sessions of the Supreme 
Court shall be held in the City of Raleigh unless otherwise provided by 
the General Assembly. 

Sec. 7. Superior Courts. 

(1) Superior Court districts. The General Assembly shall, from time 
to time, divide the State into a convenient number of Superior Court 
judicial districts and shall provide for the election of one or more Superior 
Court Judges for each district. Each regular Superior Court Judge shall 
reside in the district for which he is elected. The General Assembly may 
provide by general law for the selection or appointment of special or 
emergency Superior Court Judges not selected for a particular judicial 
district. 

(2) Open at all times; sessions for trial of cases. The Superior 
Courts shall be open at all times for the transaction of all business except 
the trial of issues of fact requiring a jury. Regular trial sessions of the 
Superior Court shall be held at times fixed pursuant to a calendar of courts 
promulgated by the Supreme Court. At least two sessions for the trial 
of jury cases shall be held annually in each county. 

(3) Clerks. A Clerk of the Superior Court for each county shall be 
elected for a term of four years by the qualified voters thereof, at the time 
and in the manner prescribed by law for the election of members of the 
General Assembly. If the office of Clerk of the Superior Court becomes 
vacant otherwise than by the expiration of the term, or if the people 
fail to elect, the senior regular resident Judge of the Superior Court 
serving the county shall appoint to fill the vacancy until an election can 
be regularly held. 

Sec. 8. District Courts. The General Assembly shall, from time to 
time, divide the State into a convenient number of local court districts 
and shall prescribe where the District Courts shall sit; but a District 
Court must sit in at least one place in each county. District Judges shall 



xxiv Constitution of North Carolina 

be elected for each district for a term of four years, in a manner provided 
by law. When more than one District Judge is authorized and elected for a 
district, the Chief Justice of the Supreme Court shall designate one of 
the judges as Chief District Judge. Every District Judge shall reside in 
the district for which he is elected. For each county, the senior regular 
resident Judge of the Superior Court serving the county shall appoint 
for a term of two years, from nominations submitted by the Clerk of the 
Superior Court of the county, one or more Magistrates who shall be 
officers of the District Court. The number of District Judges and Magis- 
trates shall, from time to time, be determined by the General Assembly. 
Vacancies in the office of District Judge shall be filled, for the unexpired 
term, in a manner provided by law. Vacancies in the office of Magistrate 
shall be filled, for the unexpired term, in the manner provided for original 
appointment to the office. 

Sec. 9. Assignment of Judges. The Chief Justice of the Supreme 
Court, acting in accordance with rules of the Supreme Court, shall make 
assignments of Judges of the Superior Court and may transfer District 
Judges from one district to another for temporary or specialized duty. 
The principle of rotating Superior Court Judges among the various dis- 
tricts of a division is a salutary one and shall be observed. For this pur- 
pose the General Assembly may divide the State into a number of judicial 
divisions. Subject to the general supervision of the Chief Justice of 
the Supreme Court, assignment of District Judges within each local court 
district shall be made by the Chief District Judge. 

Sec. 10. Jurisdiction of the General Court of Justice. 

(1) Supreme Court. The Supreme Court shall have jurisdiction to 
review upon appeal any decision of the courts below, upon any matter of 
law or legal inference. The jurisdiction of the Supreme Court over "issues 
of fact" and "questions of fact" shall be the same exercised by it prior to 
the adoption of this Article, and the Court shall have the power to issue 
any remedial writs necessary to give it a general supervision and control 
over the proceedings of the other courts. The Supreme Court shall have 
original jurisdiction to hear claims against the State, but its decisions 
shall be merely recommendatory; no process in the nature of execution 
shall issue thereon; the decisions shall be reported to the next Session 
of the General Assembly for its action. 

(2) Superior Court. Except as otherwise provided by the General 
Assembly, the Superior Court shall have original general jurisdiction 
throughout the State. The Clerks of the Superior Court shall have such 
jurisdiction and powers as the General Assembly shall provide by general 
law uniformly applicable in every county of the State. 

(3) District Courts; Magistrates. The General Assembly shall, by 
general law uniformly applicable in every local court district of the 
State, prescribe the jurisdiction and powers of the District Courts and 
Magistrates. 

(4) Waiver. The General Assembly may by general law provide that 
the jurisdictional limits may be waived in civil cases. 



Constitution of North Carolina xxv 

(5) Appeals. The General Assembly shall, by general law, provide 
a proper system of appeals: Provided, that appeals from Magistrates 
shall be heard de novo, with the right of trial by jury as defined in this 
Constitution and the laws of this State. 

Sec. 11. Forms of action; rules of procedure. 

(1) Forms of action. There shall be in this State but one form of 
action for the enforcement or protection of private rights or the redress 
of private wrongs, which shall be denominated a civil action, and in which 
there shall be a right to have issues of fact tried before a jury. Every 
action prosecuted by the people of the State as a party against a person 
charged with a public offense, for the punishment of the same, shall be 
termed a criminal action. 

(2) Rules of procedure. The Supreme Court shall have exclusive 
authority to make rules of procedure and practice for the appellate division. 
The General Assembly shall have authority to make rules of procedure 
and practice for the Superior Court and District Court divisions, and the 
General Assembly may delegate this authority to the Supreme Court. No 
rule of procedure or practice shall abridge substantive rights or abrogate 
or limit the right of trial by jury. If the General Assembly should dele- 
gate to the Supreme Court the rule-making power, the General Assembly 
may, nevertheless, alter, amend, or repeal any rule of procedure or prac- 
tice adopted by the Supreme Court for the Superior Court or District 
Court divisions. 

Sec. 12. Waiver of jury trial. In all issues of fact joined in any 
court, the parties in any civil case may waive the right to have the same 
determined by a jury; in which case the finding of the judge upon the 
facts shall have the force and effect of a verdict by a jury. 

Sec. 13. Administration. The General Assembly shall provide for an 
administrative office of the courts to carry out the provisions of this 
Article. 

Sec. 14. Term of office and election of Justices of Supreme Court and 
Judges of Superior Court. Justices of the Supreme Court and regular 
Judges of the Superior Court shall be elected by the qualified voters and 
shall hold office for terms of eight years and until their successors are 
elected and qualified. Justices of the Supreme Court shall be elected by 
the qualified voters of the State. Regular Judges of the Superior Court 
may be elected by the qualified voters of the State or by the voters of 
their respective districts, as the General Assembly may provide. 

Sec. 15. Removal of judges and clerks. 

(1) Justices of Supreme Court and Judges of Superior Court. Any 
Justice of the Supreme Court or Judge of the Superior Court may be 
removed from office for mental or physical incapacity by joint resolution 
of two-thirds of both houses of the General Assembly. Any Justice or 
Judge against whom the General Assembly may be about to proceed shall 
receive notice thereof, accompanied by a copy of the causes alleged for 
his removal, at least twenty days before the day on which either house 
of the General Assembly shall act thereon. Removal from office for any 
other cause shall be by impeachment. 



xxvi Constitution of North Carolina 

(2) District Judges and Magistrates. The General Assembly shall 
provide by general law for the removal of District Judges and Magistrates 
for misconduct or mental or physical incapacity. 

(3) Clerks. Any Clerk of the Superior Court may be removed from 
office for misconduct or mental or physical incapacity by the senior regular 
resident Superior Court Judge serving the county. Any Clerk against 
whom proceedings are instituted shall receive written notice of the charges 
against him at least ten days before the hearing upon the charges. Clerks 
of District Courts shall be removed for such causes and in such manner 
as the General Assembly may provide by general law. Any Clerk so 
removed from office shall be entitled to an appeal as provided by law. 

Sec. 16. Solicitors and solicitorial districts. 

(1) Solicitors. The General Assembly shall, from time to time, divide 
the State into a convenient number of solicitorial districts, for each of 
which a Solicitor shall be chosen for a term of four years by the qualified 
voters thereof, as is prescribed for members of the General Assembly. 
When the Attorney General determines that there is serious imbalance in 
the work loads of the Solicitors or that there is other good cause, he shall 
recommend redistricting to the General Assembly. The Solicitor shall 
advise the officers of justice in his district, be responsible for the prose- 
cution on behalf of the State of all criminal actions in the Superior Courts 
of his district, perform such duties related to appeals therefrom as the 
Attorney General may require, and perform such other duties as the 
General Assembly may prescribe. 

(2) Prosecution in District Court division. Criminal actions in the 
District Court division shall be prosecuted in such manner as the General 
Assembly may prescribe by general law uniformly applicable in every 
local court district of the State. 

Sec. 17. Vacancies. Unless otherwise provided in this Article, all 
vacancies occurring in the offices provided for by this Article shall be filled 
by appointment of the Governor, and the appointees shall hold their places 
until the next election for members of the General Assembly that is held 
more than thirty days after such vacancy occurs, when elections shall be 
held to fill such offices: Provided, that when the unexpired term of any of 
the offices named in this Article of the Constitution in which such vacancy 
has occurred, and in which it is herein provided that the Governor shall 
fill the vacancy, expires on the first day of January succeeding the next 
election for members of the General Assembly, the Governor shall appoint 
to fill that vacancy for the unexpired term of the office. If any person 
elected or appointed to any of said offices shall neglect and fail to qualify, 
such office shall be appointed to, held, and filled as provided in case of 
vacancies occurring therein. All incumbents of said offices shall hold until 
their successors are qualified. 

Sec. 18. Revenues and expenses of the judicial department. The 
General Assembly shall provide for the establishment of a schedule of court 
fees and costs which shall be uniform throughout the State within each 
division of the General Court of Justice. The operating expenses of the 
judicial department, other than compensation to process servers and other 
locally paid non-judicial officers, shall be paid from State funds. 



Constitution of North Carolina xxvii 

Sec. 19. Fees, salaries, and emoluments. The General Assembly shall 
prescribe and regulate the fees, salaries, and emoluments of all officers 
provided for in this Article; but the salaries of judges shall not be 
diminished during their continuance in office. In no case shall the com- 
pensation of any Judge or Magistrate be dependent upon his decision or 
upon the collection of costs. 

Sec. 20. Effect of uniform general law requirement. Where the Gen- 
eral Assembly is required by the provisions of this Article to enact only 
general laws uniformly applicable throughout the State or in every 
county or local court district thereof, no special, public-local, or private 
law shall be enacted relating to the subject-matter of those provisions, 
and every amendment or repeal of any law relating to such subject-matter 
shall also be general and uniform in its application and effect throughout 
the State. 

Sec. 21. Schedule. Immediately upon the certification by the Governor 
to the Secretary of State of the amendments constituting this Article, 
the Supreme Court and the Superior Courts shall be incorporated within 
the General Court of Justice, as provided in this Article. All Justices of 
the Supreme Court and Judges of the Superior Court shall continue to 
serve as such within the General Court of Justice for the remainder of 
their respective terms. 

The statutes and rules governing procedure and practice in the 
Superior Courts and inferior courts, in force at the time the amendments 
constituting this Article are ratified by the people, shall continue in force 
until superseded or repealed by rules of procedure and practice adopted 
pursuant to Section 11(2) of this Article. 

Upon certification of the Governor to the Secretary of State of the 
amendments constituting this Article, the General Assembly shall proceed 
as rapidly as practicable, to provide for the creation of local court dis- 
tricts and the establishment of District Courts therein; District Courts 
shall be established to serve every county of the State by not later than 
January 1, 1971. As of January 1, 1971, all previously existing courts 
inferior to the Superior Court shall cease to exist, and cases pending in 
these courts shall be transferred as provided in the next succeeding para- 
graph of this Section. Until a District Court has been thus established to 
serve a county, all of the courts of that county, including the Superior 
Court, shall continue to be financed and the revenues of these courts shall 
continue to be paid as they were immediately prior to the certification of 
the amendments constituting this Article; and the laws and rules govern- 
ing these courts and appeals from the inferior courts to the Superior 
Court shall continue in force and shall be deemed to comply with the 
provisions of this Article. 

As soon as a District Court shall have been established for a county, 
all of the provisions of this Article shall become fully effective with respect 
to the courts in that county, and all previously existing courts inferior 
to the Superior Court shall cease to exist. All cases pending in these 
inferior courts shall be transferred to the appropriate division of the 
General Court of Justice, and all records of these courts shall be trans- 
ferred to the appropriate clerk's office pursuant to rule of the Supreme 



xxviii Constitution of North Carolina 

Court. Judges of these inferior courts, except Mayor's Courts and Justice 
of the Peace Courts, shall become District Judges and shall serve as such 
for remainders of their respective terms. 

As soon as a District Court has been established to serve every county 
of the State, all of the provisions of this Article shall become fully 
effective throughout the State. 

ARTICLE V 

REVENUE AND TAXATION 

Section 1. Capitation tax; exemptions. The General Assembly may 
levy a capitation tax on every male inhabitant of the State over twenty- 
one and under fifty years of age, which said tax shall not exceed two dol- 
lars ($2.00), and cities and towns may levy a capitation tax which shall not 
exceed one dollar ($1.00). No other capitation tax shall be levied. The 
commissioners of the several counties and of the cities and towns may 
exempt from the capitation tax any special cases on account of poverty or 
infirmity. 

Sec. 2. Application of proceeds of State and county capitation tax. The 
proceeds of the State and county capitation tax shall be applied to the 
purposes of education and the support of the poor, but in no one year shall 
more than twenty-five per cent (25'/r) thereof be appropriated for the latter 
purpose. 

Sec. 3. State taxation. The power of taxation shall be exercised in a 
just and equitable manner, for public purposes only, and shall never be 
surrendered, suspended, or contracted away. Only the General Assembly 
shall have the power to classify property and other subjects for taxation, 
which power shall be exercised only on a State-wide basis. No class or 
subject shall be taxed except by uniform rule, and every classification shall 
be uniformly applicable in every county, municipality, and other local 
taxing unit of the State. The General Assembly's power to classify shall 
not be delegated, except that the General Assembly may permit the govern- 
ing boards of counties, cities, and towns to classify trades and professions 
for local license tax purposes. The General Assembly may also tax trades, 
professions, franchises, and income: Provided, the rate of tax on income 
shall not in any case exceed ten per cent (lC/O, and there shall be allowed 
the following exemptions, to be deducted from the amount of annual in- 
comes, to-wit: for a married man with a wife living with him, or to a 
widow or widower having minor child or children, natural or adopted, not 
less than two thousand dollars ($2,000.00) ; to all other persons not less than 
one thousand dollars ($1,000.00), and there may be allowed other deductions 
(not including living expenses) so that only net incomes are taxed. 

Sec. 4. Limitations upon the increase of public debts. The General 
Assembly shall have the power to contract debts and to pledge the faith 
and credit of the State and to authorize counties and municipalities to con- 
tract debts and pledge their faith and credit for the following purposes: 
To fund or refund a valid existing debt; to borrow in anticipation of the 
collection of taxes due and payable within the fiscal year to an amount 
not exceeding fifty per centum of such taxes; to supply a casual deficit; 



Constitution of North Carolina xxix 

to suppress riots or insurrections, or to repel invasions. For any purpose 
other than these enumerated, the General Assembly shall have no power, 
during any biennium, to contract new debts on behalf of the State to an 
amount in excess of two-thirds of the amount by which the State's out- 
standing indebtedness shall have been reduced during the next preceding 
biennium, unless the subject be submitted to a vote of the people of the 
State; and for any purpose other than these enumerated the General 
Assembly shall have no power to authorize counties or municipalities to 
contract debts, and counties and municipalities shall not contract debts, 
during any fiscal year, to an amount exceeding two-thirds of the amount 
by which the outstanding indebtedness of the particular county or mu- 
nicipality shall have been reduced during the next preceding fiscal year, 
unless the subject be submitted to a vote of the people of the particular 
county or municipality. In any election held in the State or in any county 
or municipality under the provisions of this section, the proposed indebted- 
ness must be approved by a majority of those who shall vote thereon. And 
the General Assembly shall have no power to give or lend the credit of the 
State in aid of any person, association, or corporation except to aid in the 
completion of such railroads as may be unfinished at the time of the adoption 
of this Constitution, or in which the State has a direct pecuniary interest, 
unless the subject be submitted to a direct vote of the people of the State, 
and be approved by a majority of those who shall vote thereon. 

Sec. 5. Property exempt from taxation. Property belonging to the 
State, counties and municipal corporations shall be exempt from taxation. 
The General Assembly may exempt cemeteries and property held for edu- 
cational, scientific, literary, cultural, charitable, or religious purposes, and, 
to a value not exceeding three hundred dollars ($300.00), any personal 
property. The General Assembly may exempt from taxation not exceeding 
one thousand dollars ($1,000.00) in value of property held and used as the 
place of residence of the owner. Every exemption shall be on a State-wide 
basis and shall be uniformly applicable in every county, municipality, and 
other local taxing unit of the State. No taxing authority other than the 
General Assembly may grant exemptions, and the General Assembly shall 
not delegate the powers accorded to it by this Section. 

Sec. 6. Taxes levied for counties. The total of the State and county 
tax on property shall not exceed twenty cents (20<f) on the one hundred 
dollars ($100.00) value of property, except when the county property tax is 
levied for a special purpose and with the special approval of the General 
Assembly, which may be done by special or general act: Provided, this 
limitation shall not apply to taxes levied for the maintenance of the public 
schools of the State for the term required by Article IX, Section 3, of the 
Constitution : Provided, further, the State tax shall not exceed five cents 
(5^) on the one hundred dollars ($100.00) value of property. 

Sec. 7. Acts levying taxes shall state objects, etc. Every act of the 
General Assembly levying a tax shall state the special object to which it 
is to be applied, and it shall be applied to no other purpose. 



xxx Constitution of North Carolina 

ARTICLE VI 

SUFFRAGE AND ELIGIBILITY TO OFFICE 

Section 1. Who may vote. Every person born in the United States, 
and every person who has been naturalized, twenty-one years of age, and 
possessing the qualifications set out in this Article, shall be entitled to vote 
at any election by the people of the State, except as herein otherwise pro- 
vided. 

Sec. 2. Qualifications of voter. Any person who shall have resided in 
the State of North Carolina for one year, and in the precinct, ward or 
other election district in which such person offers to vote for thirty days 
next preceding an election, and possessing the other qualifications set out 
in this Article, shall be entitled to vote at any election held in this State; 
provided, that removal from one precinct, ward or other election district 
to another in this State shall not operate to deprive any person of the 
right to vote in the precinct, ward or other election district from which 
such person has removed until thirty days after such removal. No person 
who has been convicted, or who has confessed his guilt in open court upon 
indictment, of any crime the punishment of which now is, or may here- 
after be, imprisonment in the State's Prison, shall be permitted to vote 
unless the said person shall be first restored to citizenship in the manner 
prescribed by law. 

The General Assembly may, however, reduce the time of residence, 
preceding a Presidential Election, for a person possessing all other qualifi- 
cations of a voter, in which such person shall be entitled to vote for the 
choice of electors for President and Vice President of the United States 
only. Any person eligible to vote for electors for President and Vice Presi- 
dent of the United States by reason of a reduction in time of residence 
shall not thereby become eligible to hold office in this State. 

Sec. 3. Voters to be registered. Every person offering to vote shall be 
at the time a legally registered voter as herein prescribed, and in the man- 
ner hereafter provided by law, and the General Assembly of North Caro- 
lina shall enact general registration laws to carry into effect the provisions 
of this Article. 

Sec. 4. Qualification for registration. Every person presenting him- 
self for registration shall be able to read and write any section of the 
Constitution in the English language. But no male person who was, on 
January 1, 1867, or at any time prior thereto, entitled to vote under the 
laws of any State in the United States wherein he then resided, and no 
lineal descendant of any such person, shall be denied the right to register 
and vote at any election in this State by reason of his failure to possess 
the educational qualifications herein prescribed: Provided, he shall have 
registered in accordance with the terms of this Section prior to December 1, 
1908. The General Assembly shall provide for the registration of all per- 
sons entitled to vote without the educational qualifications herein pre- 
scribed, and shall, on or before November 1, 1908, provide for the making 
of a permanent record of such registration, and all persons so registered 
shall forever thereafter have the right to vote in all elections by the peo- 
ple in this State, unless disqualified under Section 2 of this Article. 



Constitution of North Carolina XXX1 

SEC. 5. Indivisible plan; legislative intent. That this amendment to 
the Constitution is presented and adopted as one indivisible plan for the 
regulation of the suffrage, with the intent and purpose to so connect the 
different parts, and make them so dependent upon each other, that the 
whole shall stand or fall together. 

Sec. 6. Elections by people and General Assembly. All elections by the 
people shall be by ballot, and all elections by the General Assembly shall 
be viva voce. 

Sec. 7. Eligibility to office; official oath. Every voter in North Carolina 
except as in this article disqualified, shall be eligible to office, but before 
entering upon the duties of the office, he shall take and subscribe the 
following oath: 

"l t , do solemnly swear (or affirm) that I will support 

and maintain the Constitution and laws of the United States, and the 
Constitution and laws of North Carolina not inconsistent therewith, and 

that I will faithfully discharge the duties of my office as 

So help me, God." 

Sec. 8. Disqualification for office. The following classes of persons 
shall be disqualified for office: First, all persons who shall deny the being 
of Almighty God. Second, all persons who shall have been convicted or 
confessed their guilt on indictment pending, and whether sentenced or not, 
or under judgment suspended, of any treason or felony, or of any other 
crime for which the punishment may be imprisonment in the penitentiary, 
since becoming citizens of the United States, or of corruption or mal- 
practice in office, unless such person shall be restored to the rights of 
citizenship in a manner prescribed by law. 

Sec. 9. When this Chapter operative. That this amendment to the 
Constitution shall go into effect on the first day of July, nineteen hundred 
and two, if a majority of votes cast at the next general election shall be 
cast in favor of this suffrage amendment. 



ARTICLE VII 

MUNICIPAL CORPORATIONS 

Section 1. County officers. In each county there shall be elected bien- 
nially by the qualified voters thereof, as provided for the election of mem- 
bers of the General Assembly, the following officers: A treasurer, register 
of deeds, surveyor, and five commissioners. (Under authority of the Public 
Laws of 1935, c. 362, s. 13, provision was made for the quadrennial elec- 
tion of registers of deeds, certain counties being exempted.) 

Sec. 2. Duty of county commissioners. It shall be the duty of the com- 
missioners to exercise a general supervision and control of the penal and 
charitable institutions, schools, roads, bridges, levying of taxes, and finances 
of the county, as may be prescribed by law. The register of deeds shall 
be ex officio clerk of the board of commissioners. 

Sec. 3. Counties to be divided into districts. It shall be the duty of 
the commissioners first elected in each county to divide the same into con- 



xxxii Constitution of North Carolina 

venient districts, to determine the boundaries and prescribe the name of 
the said districts, and to report the same to the General Assembly before 
the first day of January, 1869. 

Sec. 4. Townships have corporate powers. Upon the approval of the 
reports provided for in the foregoing Section by the General Assembly, the 
said districts shall have corporate powers for the necessary purposes of 
local government, and shall be known as townships. 

Sec. 5. Sheriffs. In each county a Sheriff shall be elected by the quali- 
fied voters thereof as is prescribed for members of the General Assembly, 
and shall hold his office for a period of four years. In case of a vacancy 
existing for any cause in any Sheriff's office, the governing authority of 
the county shall fill such vacancy by appointment for the unexpired term. 

Sec. 6. No debt or loan except by a majority of voters. No county, city, 
town, or other municipal corporation shall contract any debt, pledge its 
faith or loan its credit, nor shall any tax be levied or collected by any 
officers of the same except for the necessary expenses thereof, unless ap- 
proved by a majority of those who shall vote thereon in any election held 
for such purpose. 

Sec. 7. No money drawn except by law. No money shall be drawn from 
any county or township treasury, except by authority of law. 

Sec. 8. Charters to remain in force until legally changed. All charters, 
ordinances, and provisions relating to municipal corporations shall remain 
in force until legally changed, unless inconsistent with the provisions of 
this Constitution. 

Sec. 9. Debts in aid of the rebellion not to be paid. No county, city, 
town, or other municipal corporation shall assume or pay, nor shall any 
tax be levied or collected for the payment of any debt, or the interest upon 
any debt, contracted directly or indirectly in aid or support of the rebellion. 

Sec. 10. Powers of General Assembly over municipal corporations. The 
General Assembly shall have full power by statute to modify, change, or 
abrogate any and all of the provisions of this Article, and substitute others 
in their place, except Sections 5, 6, 7, and 9. 

ARTICLE VIII 

CORPORATIONS OTHER THAN MUNICIPAL 

Section 1. Corporations under general laws. No corporation shall be 
created, nor shall its charter be extended, altered, or amended by special 
act, except corporations for charitable, educational, penal, or reformatory 
purposes that are to be and remain under the patronage and control of 
the State; but the General Assembly shall provide by general laws for the 
chartering and organization of all corporations, and for amending, extend- 
ing, and forfeiture of all charters, except those above permitted by special 
act. All such general laws and special acts may be altered from time to 
time or repealed; and the General Assembly may at any time by special 
act repeal the charter of any corporation. 



Constitution of North Carolina xxxiii 

Sec. 2. Debts of corporations, how secured. Dues from corporations 
shall be secured by such individual liabilities of the corporations, and other 
means, as may be prescribed by law. 

SEC. 3. What corporations shall include. The term "corporation" as 
used in this Article, shall be construed to include all associations and joint- 
stock companies having any of the powers and privileges of corporations 
not possessed by individuals or partnerships. And all corporations shall 
have the right to sue, and shall be subject to be sued, in all courts, in like 
cases as natural persons. 

Sec. 4. Legislature to provide for organizing cities, towns, etc. It shall 
be the duty of the Legislature to provide by general laws for the organi- 
zation of cities, towns, and incorporated villages, and to restrict their 
power of taxation, assessment, borrowing money, contracting debts, and 
loaning their credit, so as to prevent abuses in assessment and in con- 
tracting debts by such municipal corporations. 

ARTICLE IX 

EDUCATION 

Section 1. Education shall be encouraged. Religion, morality, and 
knowledge being necessary to good government and the happiness of man- 
kind, schools and the means of education shall forever be encouraged. 

Sec. 2. General Assembly shall provide for schools; separation of the 
races. The General Assembly, at its first Session under this Constitution, 
shall provide by taxation and otherwise for a general and uniform system 
of public schools, wherein tuition shall be free of charge to all the children 
of the State between the ages of six and twenty-one years. And the children 
of the white race and the children of the colored race shall be taught in 
separate public schools; but there shall be no discrimination in favor of, 
or to the prejudice of, either race. 

Sec. 3. Counties to be divided into districts. Each county of the State 
shall be divided into a convenient number of districts, in which one or 
more public schools shall be maintained at least six months in every year; 
and if the commissioners of any county shall fail to comply with the afore- 
said requirements of this Section, they shall be liable to indictment. 

Sec. 4. What property devoted to educational purposes. The proceeds 
of all lands that have been or hereafter may be granted by the United 
States to this State, and not otherwise appropriated by this State or the 
United States; also all moneys, stocks, bonds, and other property now be- 
longing to any State fund for purposes of education; also the net proceeds 
of all sales of the swamp lands belonging to the State, and all other grants, 
gifts or devises that have been or hereafter may be made to the State, 
and not otherwise appropriated by the State, or by the terms of the grant, 
gift or devise, shall be paid into the State Treasury, and, together with so 
much of the ordinary revenue of the State as may be by law set apart for 
that purpose, shall be faithfully appropriated for establishing and main- 
taining in this State a system of free public schools, and for no other uses 
or purposes whatsoever. 



xxxiv Constitution of North Carolina 

Sec. 5. County school fund; proviso. All moneys, stocks, bonds, and 
other property belonging to a county school fund; also the net proceeds 
from the sale of estrays; also the clear proceeds of all penalties and for- 
feitures and of all fines collected in the several counties for any breach of 
the penal or military laws of the State; and all moneys which shall be 
paid by persons as an equivalent for exemption from military duty shall 
belong to and remain in the several counties, and shall be faithfully appro- 
priated for establishing and maintaining free public schools in the several 
counties of this State: Provided, that the amount collected in each county 
shall be annually reported to the Superintendent of Public Instruction. 

Sec. 6. Election of trustees, and provisions for maintenance, of the 
University. The General Assembly shall have power to provide for the 
election of trustees of the University of North Carolina, in whom, when 
chosen, shall be vested all the privileges, rights, franchises and endow- 
ments thereof in any wise granted to or conferred upon the trustees of 
said University; and the General Assembly may make such provisions, 
laws, and regulations from time to time, as may be necessary and expedi- 
ent for the maintenance and management of said University. 

Sec. 7. Benefits of the University. The General Assembly shall pro- 
vide that the benefits of the University, as far as practicable, be extended 
to the youth of the State free of expense for tuition; also, that all the 
property which has heretofore accrued to the State, or shall hereafter 
accrue, from escheats, unclaimed dividends, or distributive shares of the 
estates of deceased persons, shall be appropriated to the use of the 
University. 

Sec. 8. State Board of Education. The general supervision and admin- 
istration of the free public school system, and of the educational funds 
provided for the support thereof, except those mentioned in Section five 
of this Article, shall, from and after the first day of April, one thousand 
nine hundred and forty-five, be vested in the State Board of Education 
to consist of the Lieutenant-Governor, State Treasurer, the Superintendent 
of Public Instruction, and ten members to be appointed by the Governor, 
subject to confirmation by the General Assembly in Joint Session. The 
General Assembly shall divide the State into eight educational districts, 
which may be altered from time to time by the General Assembly. Of 
the appointive members of the State Board of Education, one shall be 
appointed from each of the eight educational districts, and two shall be 
appointed as members at large. The first appointments under this Section 
shall be: Two members appointed from educational districts for terms of 
two years; two members appointed from educational districts for terms of 
four years; two members appointed from educational districts for terms 
of six years; and two members appointed from educational districts for 
terms of eight years. One member at large shall be appointed for a period 
of four years and one member at large shall be appointed for a period of 
eight years. All subsequent appointments shall be for terms of eight years. 
Any appointments to fill vacancies shall be made by the Governor for the 
unexpired term, which appointments shall not be subject to confirmation. 
The State Superintendent of Public Instruction shall be the administrative 
head of the public school system and shall be secretary of the board. The 



Constitution of North Carolina xxxv 

board shall elect a chairman and vice-chairman. A majority of the board 
shall constitute a quorum for the transaction of business. The per diem 
and expenses of the appointive members shall be provided by the General 
Assembly. 

Sec. 9. Powers and Duties of the board. The State Board of Education 
shall succeed to all the powers and trusts of the President and Directors 
of The Literary Fund of North Carolina and the State Board of Educa- 
tion as heretofore constituted. The State Board of Education shall have 
power to divide the State into a convenient number of school districts; 
to regulate the grade, salary and qualifications of teachers, to provide for 
the selection and adoption of the textbooks to be used in the public schools; 
to apportion and equalize the public school funds over the State; and gen- 
erally to supervise and administer the free public school system of the 
State and to make all needful rules and regulations in relation thereto. All 
the powers enumerated in this Section shall be exercised in conformity 
with this Constitution and subject to such laws as may be enacted from 
time to time by the General Assembly. 

Sec. 10. Agricultural department. As soon as practicable after the 
adoption of this Constitution, the General Assembly shall establish and 
maintain, in connection with the University, a department of agriculture, 
of mechanics, of mining, and of normal instruction. 

Sec. 11. Children must attend school. The General Assembly is hereby 
empowered to enact that every child, of sufficient mental and physical 
ability, shall attend the public schools during the period between the ages 
of six and eighteen years, for a term of not less than sixteen months, unless 
educated by other means. 

Sec. 12. Education expense grants and local option. Notwithstanding 
any other provision of this Constitution, the General Assembly may pro- 
vide for payment of education expense grants from any State or local 
public funds for the private education of any child for whom no public 
school is available or for the private education of a child who is assigned 
against the wishes of his parent, or the person having control of such 
child, to a public school attended by a child of another race. A grant shall 
be available only for education in a nonsectarian school, and in the case 
of a child assigned to a public school attended by a child of another race, 
a grant shall, in addition, be available only when it is not reasonable and 
practicable to reassign such child to a public school not attended by a child 
of another race. 

Notwithstanding any other provision of this Constitution, the General 
Assembly may provide for a uniform system of local option whereby any 
local option unit, as denned by the General Assembly, may choose by a 
majority vote of the qualified voters in the unit who vote on the question 
to suspend or to authorize the suspension of the operation of one or more 
or all of the public schools in that unit. 

No action taken pursuant to the authority of this Section shall in any 
manner affect the obligation of the State or any political subdivision or 
agency thereof with respect to any indebtedness heretofore or hereafter 
created. 



xxxvi Constitution of North Carolina 

article x 

HOMESTEADS AND EXEMPTIONS 

Section 1. Exemptions of personal property. The personal property 
of any resident of this State, to the value of five hundred dollars ($500.00), 
to be selected by such resident, shall be and is hereby exempted from sale 
under execution or other final process of any court, issued for the collection 
of any debt. 

Sec. 2. Homestead. Every homestead, and the dwellings and buildings 
used therewith, not exceeding in value one thousand dollars ($1,000.00), to 
be selected by the owner thereof, or in lieu thereof, at the option of the 
owner, any lot in a city, town or village with the dwellings and buildings 
used thereon, owned and occupied by any resident of this State, and not 
exceeding the value of one thousand dollars ($1,000.00), shall be exempt 
from sale under execution or other final process obtained on any debt. But 
no property shall be exempt from sale for taxes, or for payment of obliga- 
tions contracted for the purchase of said premises. 

Sec. 3. Homestead exemption from debt. The homestead, after the 
death of the owner thereof, shall be exempt from the payment of any debt 
during the minority of his children, or any of them. 

Sec. 4. Laborer's lien. The provisions of Sections 1 and 2 of this 
Article shall not be so construed as to prevent a laborer's lien for work 
done and performed for the person claiming such exemption, or a me- 
chanic's lien for work done on the premises. 

Sec. 5. Benefit of widow. If the owner of a homestead die, leaving a 
widow but no children, the same shall be exempt from the debts of her 
husband, and the rents and profits thereof shall inure to her benefit dur- 
ing her widowhood, unless she be the owner of a homestead in her own 
right. 

Sec. 6. Property of married women secured to them. The real and per- 
sonal property of any female in this State acquired before marriage, and 
all property, real and personal, to which she may, after marriage, become 
in any manner entitled, shall be and remain the sole and separate estate 
and property of such female, and shall not be liable for any debts, obliga- 
tions or engagements of her husband, and may be devised and bequeathed 
and conveyed by her subject to such regulations and limitations as the 
General Assembly may prescribe. Every married woman may exercise 
powers of attorney conferred upon her by her husband, including the power 
to execute and acknowledge deeds to property owned by herself and her 
husband or by her husband. 

Sec. 7. Husband may insure his life for the benefit of wife and chil- 
dren. The husband may insure his own life for the sole use and benefit of 
his wife and children, and in case of the death of the husband the amount 
thus insured shall be paid over to the wife and children, or to the guardian, 
if under age, for her or their own use, free from all claims of the represen- 
tatives of her husband, or any of his creditors. And the policy shall not be 



Constitution of North Carolina xxxvii 

subject to claims of creditors of the insured during the life of the insured, 
if the insurance issued is for the sole use and benefit of the wife and/or 
children. 

Sec. 8. How deed for homestead may be made. Nothing contained in 
the foregoing Sections of this Article shall operate to prevent the owner of 
a homestead from disposing of the same by deed; but no deed made by 
the owner of a homestead shall be valid without the signature and acknowl- 
edgement of his wife. 

ARTICLE XI 

PUNISHMENTS, PENAL INSTITUTIONS, AND PUBLIC CHARITIES 

Section 1. Punishments; convict labor; proviso. The following punish- 
ments only shall be known to the laws of this State, viz.: Death, imprison- 
ment with or without hard labor, fines, removal from office, and disqualifi- 
cation to hold and enjoy any office of honor, trust, or profit under this 
State. The foregoing provision for imprisonment with hard labor shall be 
construed to authorize the employment of such convict labor on public 
works or highways, or other labor for public benefit, and the farming out 
thereof, where and in such manner as may be provided by law ; but no 
convict shall be farmed out who has been sentenced on a charge of murder, 
manslaughter, rape, attempt to commit rape, or arson : Provided, that no 
convict whose labor may be farmed out shall be punished for any failure 
of duty as a laborer, except by a responsible officer of the State; but the 
convicts so farmed out shall be at all times under the supervision and con- 
trol, as to their government and discipline, of the penitentiary board or 
some officer of this State. 

Sec. 2. Death punishment. The object of punishments being not only 
to satisfy justice, but also to reform the offender, and thus prevent crime, 
murder, arson, burglary, and rape, and these only, may be punishable 
with death, if the General Assembly shall so enact. 

Sec. 3. Penitentiary. The General Assembly shall, at its first meeting, 
make provision for the erection and conduct of a State's prison or peni- 
tentiary at some central and accessible point within the State. 

Sec. 4. Houses of correction. The General Assembly may provide for 
the erection of houses of correction, where vagrants and persons guilty of 
misdemeanors shall be restrained and usefully employed. 

Sec. 5. Houses of refuge. A house or houses of refuge may be estab- 
lished whenever the public interests may require it, for the correction and 
instruction of other classes of offenders. 

Sec. 6. The sexes are to be separated. It shall be required, by competent 
legislation, that the structure and superintendence of penal institutions of 
the State, the county jails, and city police prisons secure the health and 
comfort of the prisoners and that male and female prisoners be never 
confined in the same room or cell. 

Sec. 7. Provision for the poor and orphans. Beneficent provisions for 
the poor, the unfortunate and orphan, being one of the first duties of a 
civilized and Christian state, the General Assembly shall, at its first 



xxxviii Constitution of North Carolina 

session, appoint and define the duties of a Board of Public Charities, to 
whom shall be entrusted the supervision of all charitable and penal State 
institutions, and who shall annually report to the Governor upon their 
condition, with suggestions for their improvement. 

Sec. 8. Orphan houses. There shall also, as soon as practicable, be 
measures devised by the State for the establishment of one or more orphan 
houses, where destitute orphans may be cared for, educated, and taught 
some business or trade. 

Sec. 9. Inebriates and idiots. It shall be the duty of the Legislature, 
as soon as practicable, to devise means for the education of idiots and 
inebriates. 

Sec. 10. Deaf mutes, blind, and insane. The General Assembly may 
provide that the indigent deaf-mute, blind, and insane of the State shall 
be cared for at the charge of the State. 

Sec. 11. Self-supporting. It shall be steadily kept in view by the 
Legislature and the Board of Public Charities that all penal and charit- 
able institutions should be made as nearly self-supporting as is consistent 
with the purposes of their creation. 

ARTICLE XII 



Section 1. Who are liable to militia duty. All able-bodied male citi- 
zens of the State of North Carolina, between the ages of twenty-one and 
forty years, who are citizens of the United States, shall be liable to duty 
in the militia: Provided, that all persons who may be averse to bearing 
arms, from religious scruples, shall be exempt therefrom. 

Sec. 2. Organizing, etc. The General Assembly shall provide for the 
organizing, arming, equipping, and discipline of the militia, and for pay- 
ing the same, when called into active service. 

Sec. 3. Governor commander-in-chief . The Governor shall be com- 
mander-in-chief, and shall have power to call out the militia to execute 
the law, suppress riots or insurrections, and to repeal invasion. 

Sec. 4. Exemptions. The General Assembly shall have power to make 
such exemptions as may be deemed necessary, and to enact laws that may 
be expedient for the government of the militia. 

ARTICLE XIII 

AMENDMENTS 

Section 1. Convention, how called. No convention of the people of 
this State shall ever be called by the General Assembly unless by the con- 
currence of two-thirds of all the members of each house of the General 
Assembly, and except the proposition, convention or no convention, be 
first submitted to the qualified voters of the whole State, at the next gen- 
eral election, in a manner to be prescribed by law. And should a majority 
of the votes cast be in favor of said convention, it shall assemble on such 
day as may be prescribed by the General Assembly. 



Constitution of North Carolina xxxix 

Sec. 2. How the Constitution may be altered. No part of the Consti- 
tution of this State shall be altered unless a bill to alter the same shall 
have been agreed to by three-fifths of each house of the General Assembly. 
And the amendment or amendments so agreed to shall be submitted at the 
next general election to the qualified voters of the whole State, in such 
manner as may be prescribed by law. And in the event of their adoption 
by a majority of the votes cast, such amendment or amendments shall 
become a part of the Constitution of this State. 

ARTICLE XIV 

MISCELLANEOUS 

Section 1. Indictments. All indictments which shall have been found 
or may hereafter be found for any crime or offense committed before this 
Constitution takes effect, may be proceeded upon in the proper courts, but 
no punishment shall be inflicted which is forbidden by this Constitution. 

Sec. 2. Penalty for fighting duel. No person who shall hereafter fight 
a duel, or assist in the same as a second, or send, accept, or knowingly 
carry a challenge therefor, or agree to go out of the State to fight a duel, 
shall hold any office in this State. 

Sec. 3. Drawing money. No money shall be drawn from the Treasury 
but in consequence of appropriations made by law; and an accurate ac- 
count of the receipts and expenditures of the public money shall be an- 
nually published. 

Sec. 4. Mechanic's lien. The General Assembly shall provide, by proper 
legislation, for giving to mechanics and laborers an adequate lien on the 
subject matter of their labor. 

Sec. 5. Governor to make appointments. In the absence of any con- 
trary provision, all officers of this State, whether heretofore elected or 
appointed by the Governor, shall hold their positions only until other 
appointments are made by the Governor, or, if the officers are elective, until 
their successors shall have been chosen and duly qualified according to the 
provisions of this Constitution. 

Sec. 6. Seat of government. The permanent seat of government in 
this State shall be at the City of Raleigh. 

Sec. 7. Dual office-holding. No person who shall hold any office or 
place of trust or profit under the United States or any department thereof, 
or under this State, or under any other state or government, shall hold or 
exercise any other office or place of trust or profit under the authority of 
this State, or be eligible to a seat in either house of the General Assembly: 
Provided, that nothing herein contained shall extend to officers in the 
militia, notaries public, commissioners of public charities, or commissioners 
for special purposes. 

Sec. 8. Intermarriage of whites and Negroes prohibited. All marriages 
between a white person and a Negro, or between a white person and a 
person of Negro descent to the third generation, inclusive, are hereby 
forever prohibited. 



INDEX 



Abuses in assessments and contracting debts by municipal corporations, general assembly 

to prevent. A. 8, S. 4. 
Acts of general assembly, style of. A. 2, S. 21. 

levying taxes, must state object. A. 5, S. 7. 
Administrative duties of the courts. A. 4, S. 13. 
Agricultural department. A. 3, S. 17. 

in connection with university. A. 9, S. 10. 
Alimony, general assembly does not secure. A. 2, S. 10. 
Allegiance to United States government. A. 1, S. 5. 
Alleys, laws authorizing, etc. A. 2, S. 29. 
Amendments. A. 13. 

Answer to criminal charge. A. 1, S. 12. 
Appellate division, general court of justice. A. 4, S. 5. 
Appointment of senators and representatives. A. 2, SS. 4, 5, 6. 
Arms, right to bear. A. 1, S. 24. 
Assemblage, right of. A. 1, S. 25. 

Assessment or collection of taxes, extending time for. A. 2, S. 29. 
Attorney general advises executive. A. 3, S. 14. 

duties of. A. 3, S. 13. 
Auditor, duties of. A. 3, S. 13. 
Bail, excessive. A. 1, S. 14. 
Ballot, elections to be by. A. 6, S. 6. 

Bills of general assembly, read three times. A. 2, S. 23. 
Blind provided for. A. 11, S. 10. 
Board of charities. A. 11, S. 7. 
Boundaries of state. A. 1, S. 34. 
Bridges, laws relating to. A. 2, S. 29. 
Capital punishment. A. 11, S. 2. 
Capitation tax. A. 5, S. 1. 

application of proceeds from. A. 5, S. 2. 

exemptions. A. 5, S. 1. 
Cemeteries, laws relating to. A. 2, S. 29. 
Charities, public. A. 11. 

deaf-mutes and the blind. A. 11, S. 10. 

idiots and inebriates. A. 11, S. 9. 

provisions for orphans and the poor. A. 11, S. 7. 

self-supporting as far as possible. A. 11, S. 11. 
Cities, laws changing names of. A. 2, S. 29. 

organized by legislation. A. 8, S. 4. 
Citizenship, restoration to. A. 2, S. 11. 
Civil and criminal actions. A. 4, S. 1. 
Claims against the state. A. 4, S. 9. 
Clerks of superior court, election and terms of. A. 4, S. 7(3). 

removal for incapacity or misconduct. A. 4, S. 15(3). 

terms of office of. A. 4, S. 17. 
Collection of taxes, extending time for. A. 2, S. 29. 
Collector of taxes, law relieving. A. 2, S. 29. 
Commissioner of agriculture. A. 3, S. 1 and 13. 
Commissioner of insurance. A. 3, S. 1 and 13. 
Commissioner of labor. A. 3, S. 1 and 13. 
Communications. A. 3, S. 6. 

Compulsory education, general assembly may provide. A. 9, S. 15. 
Concealed weapons, carrying not justified. A. 1, S. 24. 
Constitution, how changed. A. 13, S. 2. 
Controversies at law about property. A. 1, S. 19. 
Convention, how called. A. 13, S. 1. 
Convict labor. A. 11, S. 1. 



xlii Index to Constitution 



Corporations, municipal. A. 7. 

charters remain in force till legally changed. A. 7, S. 8. 
power of general assembly over. A. 7, S. 10. A. 8, S. 4. 
Corporations, other than municipal. A. 8. 
debts of, how secured. A. 8, S. 2. 
special charters prohibited. A. 8, S. 1. 
Correction houses of. A. 11, S. 4. 
Council of state. A. 3, S. 14. 
Counsel allowed defendant. A. 1, S. 11. 
Counties, commissioners divide into districts. A. 7, S. 3. 

districts have corporate powers as townships. A. 7, S. 3. 
majority of voters necessary to levy taxes, etc. A. 7, S. 6. 

money, how drawn from treasury. A. 7, S. 7. 

school districts. A. 9, S. 3. 
fund. A. 9, S. 5. 
County treasurer. A. 7, S. 1. 

County commissioners, election and duty of. A. 7, SS. 1, 2. 
Courts to be open. A. 1, S. 35. 

kinds of. A. 4, S. 1. 
Criminal and civil action. A. 4, S. 11(1). 

prosecutions. A. 1, S. 11. 
Criminal charges, answer to. A. 1, S. 12. 
Deaf-mutes provided for. A. 11, S. 10. 
Death punishment. A. 11, S. 2. 
Debt, does not affect homestead. A. 10, S. 3. 

county, city or town cannot contract, except by majority of those voting thereon. 
A. 7, S. 7. 

imprisonment for. A. 1, S. 16. 

in aid of rebellion, void. A. 7, S. 12. 

restrictions upon increase of public, etc. A. 5, S. 4. 

what bonds declared invalid. A. 1, S. 6. 
Declaration of rights. A. 1. 
Deeds, laws giving effect to. A. 2, S. 29. 
Department of agriculture. A. 3, S. 17. 
Department of justice. A. 3, S. 18. 
Disqualification for office. A. 6, S. 8; A. 14, S. 7. 

dueling disqualifies. A. 14, S. 2. 
District court. 

districts. A. 4, S. 8. 

judges. A. 4, S. 8. 

jurisdiction. A. 4, S. 10(3). 

magistrates. A. 4, S. 8. 

prosecution in. A. 4, S. 16(2). 

removal of judges and magistrates. A. 4, S. 15(2). 

salaries of officers. A. 4, S. 19. 

vacancies. A. 4, S. 8. 
Divorce, general assembly does not grant. A. 2, S. 10. 
Education 

county school fund. A. 9, S. 5. 

encouraged. A. 1, S. 27; A. 9, S. 1. 

expenses. A. 9, S. 8. 

officers. A. 9, S. 8. 

power of. A. 9, S. 9. 

property devoted to. A. 9, SS. 4, 5. 

quorum. A. 9, S. 8. 

state board of. A. 9, S. 8. 
Elections of officers by general assembly, viva voce. A. 2, S. 9. 
Elections, by people by ballot and by genera] assembly, viva voce. A. 6, S. 6. 

contested returns of. A. 3, S. 3. 

fee. A. 1, S. 10. 

frequent. A. 1, S. 28. 



Index to Constitution xliii 



Electors, qualifications of. A. 6, SS. 1, 2, 3. 

registration of. A. 6, SS. 3, 4. 
Eligibility to office. A. 6. 
Emergency judges. A. 4, S. 7(1). 
Emoluments, exclusive, none. A. 1, S. 7. 

hereditary. A. 1, S. 30. 
Entails to be regulated. A. 2, S. 15. 

Enumeration of rights not to impair others retained by people. A. 1, S. 37. 
Evidence against himself, criminal not compelled to give. A. 1, S. 11. 
Executive, attorney-general advises. A. 3, S. 14. 
department of. A. 3. 

distinct. A. 1, S. 8. 
officers. A. 3, S. 1. 

compensation. A. 3, S. 15. 
duties. A. 3, S. 13. 
reports of. A. 3, S. 7. 
terms of office of. A. 3, S. 1. 
seal of state. A. 3, S. 16. 
vacancy in, how filled. A. 3, S. 13. 
Exemption, personal property. A. 10, S. 1. 

by reason of military duty, etc. A. 12, S. 1. 

property of feme covert not liable for husband's debts. A. 10, S. 6. 
Ex post facto laws. A. 1, S. 32. 
Extra session of general assembly. A. 3, S. 9. 
Ferries, laws relating to. A. 2, S. 29. 
Fines, excessive. A. 1, S. 14. 

laws remitting fines, etc. A. 2, S. 29. 
Forfeitures, laws remitting. A. 2, S. 29. 
Freedom of the press. A. 1, S. 20. 

Fundamental principles, frequent recurrence to. A. 1, S. 29. 
Funds, retirement system safeguarded. A. 2, S. 31. 
General assembly, acts, style of. A. 2, S. 21. 

article seven may be modified or repealed by. A. 7, S. 10. 
bills and resolutions read three times. A. 2, S. 23. 
compulsory education may be enforced by. A. 9, S. 15. 
elections by, to be viva voce. A. 6, S. 6. 
entails regulated by. A. 2, S. 15. 
extra sessions. A. 2, S. 28; A. 3, S. 9. 
journals kept. A. 2, S. 16. 

protests entered on. A. 2, S. 17. 
General assembly, meeting of, when. A. 2, S. 2. 
members, election for, when. A. 2, S. 27. 
oath of. A. 2, S. 24. 
office a disqualification. A. 14, S. 7. 
terms commence with elections. A. 2, S. 25. 
vacancies, how filled. A. 2, S. 13. 
municipal corporations controlled by. A. 7, S. 10. 
names, personal, not changed by. A. 2, S. 11. 
non-navigable streams, laws relating to. A. 2, S. 29. 
officers of, election, viva voce. A. 2, S. 9. 
pay of. A. 2, S. 28. 
president of senate. A. 2, S. 19. 
speaker of house. A. 2, S. 18. 
powers of. A. 2, S. 22. 

in relation to divorce and alimony. A. 2, S. 10. 
in relation to private or special legislation. A. 2, S. 29. 
representation apportioned by. A. 2, SS. 4, 5. 
revenue. A. 2, S. 14. 
schools provided by. A. 9, S. 2. 
university to be maintained by. A. 9, SS. 6, 7. 
yeas and nays. A. 2, SS. 14, 26. 
General court of justice. A. 4, S. 2. 



xliv Index to Constitution 



Government allegiance to United States. A. 1, S. 5. 

internal of state. A. 1, S. 3. 

origin of. A. 1, S. 2. 

permanent seat of, remains at Raleigh. A. 14, S. 6. 
Governor, commands militia. A. 3, S. 8. 

commutations, pardons, reprieves. A. 3, S. 6. 

compensation. A. 3, S. 15. 

duties performed by lieutenant-governor, when. A. 3, S. 12. 

extra sessions called by. A. 3, S. 9. 

impeachment of. A. 3, S. 12. 

justices of peace, appointed by, when. A. 7, S. 11. 

lieutenant, qualifications of. A. 3, S. 2. 

oath of office. A. 3, S. 4. 

officers appointed by. A. 3, S. 10; A. 14, S. 5. 

qualification of. A. 3, S. 2. 

resident of. A. 3, S. 5. 

vacancy in office of. A. 3, S. 12. 
Health laws, relating to. A. 2, S. 29. 
Habeas Corpus. A. 1, S. 21. 
Hereditary emoluments. A. 1, S. 30. 
Highways, laws authorizing, etc. A. 2, S. 29. 
Homestead and exemption. A. 10, S. 2. 

benefit of widow in. A. 10, S. 5. 

exempted from debt. A. 10, S. 3. 

exempted from taxes. A. 5, S. 5. 

laborer's lien attaches. A. 10, S. 4. 

privy examination of wife to dispose of. A. 10, S. 8. 
Houses of correction. A. 11, S. 4. 
Houses of refuge. A. 11, S. 5. 
House of Representatives, representatives, apportionment, reapportionment. A. 2, S. 5. 

officers of. A. 2, S. 18. 

qualification for. A. 2, S. 8. 

ratio of. A. 2, S. 6. 

terms, begins when. A. 2, S. 25. 
Husband can insure life for benefit of family. A. 10, S. 7. 
Idiots provided for. A. 11, S. 9. 
Immigration, department of. A. 3, S. 17. 
Impeachment. A. 4, S. 4. 

court of. A. 4, S. 4. 

of governor. A. 3, S. 12. 
Imprisonment for debt. A. 1, S. 16. 

except by law, wrong. A. 1, S. 17. 

income tax. A. 5, S. 3. 
Indictment, waiving of. A. 1, S. 12. 

Indictments for crime committed before constitution took effect. A. 14, S. 1. 
Inebriates. A. 11, S. 9. 
Insane, provided for. A. 11, S. 10. 
Institutions, charitable. A. 11. 

penal. A. 11. 

public, annual reports from. A. 3, S. 7. 

self-supporting as far as possible. A. 11, S. 11. 

sexes to be separated. A. 11, S. 6. 
Instruction, superintendent of public. A. 3, S. 13. 
Inter-marriage of whites and negroes prohibited. A. 14, S. 8. 
Internal government of state. A. 1, S. 3. 
Issues of fact, by whom tried and how waived. A. 4, S. 12. 
Judges. 

assignment. A. 4, S. 9. 

district court. A. 4, S. 8. 

removal. A. 4, S. 15. 

superior court. A. 4, S. 7(1). 

special or emergency. A. 4, S. 7(1). 



Index to Constitution xlv 



Judicial department. A. 4. 

administrative agencies. A. 4, S. 3. 
administrative office of the courts. A. 4, S. 13. 
appellate division. A. 4, S. 5. 
district courts. A. 4, S. 8. 
division of judicial power. A. 4, S. 1. 

General Assembly not to deprive of jurisdiction. A. 4, S. 1. 
general court of justice. A. 4, S. 2. 
revenues and expenses. A. 4, S. 18. 

schedule for putting new judicial article in effect. A. 4, S. 21. 
superior courts. A. 4, S. 7. 
supreme court. A. 4, S. 6. 
trial of impeachments. A. 4, S. 4. 
Judicial remedy, allowed all. A. 1, S. 35. 
Judiciary distinct. A. 1, S. 8. 

Jurisdiction of the general court of justice. A. 4, S. 10. 
district courts. A. 4, S. 10(3). 
superior courts. A. 4, S. 10(2). 
supreme court. A. 4, S. 10(1). 
waiver. A. 4, S. 10(4). 
Juries, laws relating to pay of. A. 2, S. 29. 
Jury, right of. A. 1, S. 13. 

sacred and inviolable. A. 1, S. 19. 
trial by, waived. A. 4, S. 12. 
Justice, department of. A. 3, S. 18. 
Labor, etc., laws regulating. A. 2, S. 29. 
Laborers' and mechanics' lien. A. 14, S. 4. 
attaches to homestead. A. 10, S. 4. 

Law of land, no person imprisoned, or deprived of life, etc. but by. A. 1, S. 17. 
Laws, ex post facto and retrospective. A. 1, S. 32. 

effect of uniform general law requirement. A. 4, S. 20. 
private, thirty days' notice before passage. A. 2, S. 12. 
Legislative department, distinct. A. 1, S. 8. 
Legislature, two branches of. A. 2, S. 1. 

provide for organizing towns, etc. A. 8, S. 4. 
trials other than jury. A. 1, S. 13. 
Legitimation, general assembly can pass general laws for. A. 2, S. 11. 
Liberty, deprivation of, except by law. A. 1, S. 17. 
religious. A. 1, S. 26. 
restrained of, remedied. A. 1, S. 18. 
warrants without evidence, dangerous to. A. 1, S. 15. 
Lien of laborers and mechanics. A. 14, S. 4. 
Lieutenant-governor, president of senate, duties of. A. 3, S. 11. 

when governor. A. 3, S. 12. 
Literary fund, board of education to succeed to rights of. A. 9, S. 9. 
Local legislation prohibited. A. 2, S. 29. 
Magistrates, appointment of. A. 4, S. 8. 
appeals from. A. 4, S. 10(3). 
jurisdiction. A. 4, S. 10(3). 
removal. A. 4, S. 15(2). 
Manufacturing, laws regulating. A. 2, S. 29. 
Marriages between whites and negroes forbidden. A. 14, S. 8. 
Married women, husband can insure life for benefit of. A. 10, S. 7. 
privy examination of, to dispose of homestead. A. 10, S. 8. 
power of attorney, granted to. A. 10, S. 6. 
property of, not liable for husband's debts. A. 10, S. 6. 
Mechanics' lien. A. 14, S. 4. 
Men, equality, rights of. A. 1, S. 1. 
Militia. A. 1, S. 24; A. 12. 

exemptions from duty. A. 12, S. 4. 
governor commands. A. 3, S. 8; A. 12, S. 3. 
organization of. A. 12, S. 2. 
who liable to bear arms. A. 12, S. 1. 



xlvi Index to Constitution 

Mining, laws regulating. A. 2, S. 29. 
Money, how drawn from state treasury. A. 14, S. 3. 
county or township treasury. A. 7, S. 7. 
paid into treasury, refunding. A. 2, S. 29. 
Monopolies are injurious. A. 1, S. 31. 
Mortgages given for price of home, etc. A. 5, S. 3. 
Municipal corporations. A. 7. 

cannot contract debt except by majority of those voting thereon. A. 7, S. 7. 
charters remain in force till changed. A. 7, S. 8. 

general assembly to provide for organization of; taxation, etc. by. A. 8, S. 4. 
powers of general assembly over. A. 7, S. 10; A. 8, S. 4. 
special charter prohibited. A. 8, S. 4. 
Names of cities, towns and townships, laws changing. A. 2, S. 29. 

names, persons, how changed. A. 2, S. 11. 
Normal school to be maintained by general assembly at university. A. 9, S. 14. 
Notes given for price of home, not taxable. A. 5, S. 3. 
Nuisances, laws relating to abatement of. A. 2, S. 29. 
Oath of governor. A. 3, S. 4. 

Oath of member of general assembly. A. 2, S. 24. 
Oath of office. A. 6, S. 7. 
Office, cannot hold two. A. 14, S. 7. 
disqualification. A. 6, S. 8. 
dueling disqualifies for. A. 14, S. 2. 
eligibility to. A. 6. 

qualifications, property, none. A. 1, S. 22. 
Officers, county. A. 7, SS. 1, 9. 

what, appointed by governor. A. 3, S. 10; A. 14, S. 5. 
Orphans, houses for. A. 11, S. 8. 

provision for. A. 11, S. 7. 
Pardons. A. 3, S. 6. 

Pay of members of general assembly. A. 2, S. 28. 
Peace, soldiers quartered in time of. A. 1, S. 36. 
Penalties, laws remitting. A. 2, S. 29. 
Penitentiary. A. 11, S. 3. 

convict labor. A. 11, S. 1. 

self-supporting as far as possible. A. 11, S. 11. 
sexes separated. A. 11, S. 6. 
People, right of to assemble together. A. 1, S. 25. 
Perpetuities, injurious. A. 1, S. 31. 

general assembly shall prevent. A. 2, S. 15. 
Political power and government. A. 1, S. 2. 

societies in secret dangerous. A. 1, S. 25. 
Poll tax. A. 5, S. 1. 
Poor, provision for. A. 11, S. 7. 
Power of general assembly. A. 2, S. 22. 

to suspend laws, injurious. A. 1, S. 9. 
Powers, executive, judicial and legislative, distinct. A. 1, S. 8. 

judicial, division of. A. 4, S. 1. 
Press, freedom and abuse of. A. 1, S. 20. 
Principles, recurrence to fundamental. A. 1, S. 29. 
Prisoners, health and comfort secured. A. 11, S. 6. 
Private laws. A. 2, SS. 11, 12. 

local or special legislation. A. 2, S. 29. 
Privileges, exclusive, none. A. 1, S. 7. 
Property, controversies at law about. A. 1, S. 19. 

deprivation of, except by law, wrong. A. 1, S. 17. 
devoted to education. A. 9, S. 4. 
exemptions from taxation. A. 5, S. 5. 
qualifications, none. A. 1, S. 22. 
Prosecution, criminal. A. 1, S. 11. 

Protest, against act or resolves, by whom and when made. A. 2, S. 17. 
Public debt, increase of, limitations, etc. A. 5, S. 4. 
what bonds declared invalid. A. 1, S. 6. 



Index to Constitution xlvii 

Public moneys, how drawn. A. 14, S. 3. 

Public schools, general assembly to provide for. A. 9, S. 2. 

Punishment penal institutions and public charities. A. 11. 

cruel or unusual. A. 1, S. 14: A. 14, S. 1. 
Qualifications and election of members of general assembly, each house judge of. A. 2, S. 22. 
Rebellion, debt in aid of, not to be paid. A. 7, S. 9. 
Recurrence to fundamental principles. A. 1, S. 29. 
Refuge, house of. A. 11, S. 5. 
Register of deeds. A. 7, S. 1. 
Registration of electors. A. 6, SS. 3, 4. 
Religious liberty. A. 1, S. 26. 

scruples against bearing arms. A. 12, S. 1. 
Removal of judges. A. 4, S. 15(1), (2). 

of clerks. A. 4, S. 15(3). 
Representation and taxation. A. 1, S. 23. 
Reprieves. A. 3, S. 6. 

Retirement funds safeguarded. A. 2, S. 31. 
Retrospective laws. A. 1, S. 32. 
Revenue. A. 2, S. 14: A. 5. 
Right of assemblage. A. 1, S. 25. 
of jury. A. 1, S. 13. 
of secession, none. A. 1, S. 4. 
to bear arms. A. 1, S. 24. 
to suspend laws, injurious. A. 1, S. 9. 
Rights, declaration of. A. 1. 
of men. A. 1, SS. 1, 38. 
Salaries and fees of officers of judicial department, general assembly regulates. A. 4, S. 19. 
Sanitation, laws relating to. A. 2, S. 29. 

School districts, laws establishing or changing lines. A. 2, S. 29. 
School, attendance of children. A. 9, S. 11. 
county, divided into districts. A. 9, S. 3. 
expense grants authorized. A. 9, S. 12. 
fund. A. 9, S. 5. 

local option units, may establish. A. 9, S. 12. 
provided by legislature. A. 9, S. 2. 
races separate. A. 9, S. 2. 
term, six months required. A. 9, S. 3. 
Seal of State. A. 3, S. 16. 

Search warrants without evidence wrong. A. 1, S. 15. 
Seat of government at Raleigh. A. 14, S. 6. 
Secession, no right of. A. 1, S. 4. 
Secretary of state, duties of. A. 3, S. 13. 
Senate presiding officer. A. 2, S. 19. 

pro tern, speaker, when elected. A. 2, S. 20. 
Senators, number of. A. 2, S. 3. 
president of. A. 2, S. 19. 
qualifications for. A. 2, S. 7. 
regulating senatorial districts. A. 2, S. 4. 
senatorial officers. A. 2, S. 20. 
Separation of government powers. A. 1, S. 8. 
Sexes separated in confinement. A. 11, S. 6. 
Sheriffs. A. 7, S. 5. 
Slavery prohibited. A. 1, S. 33. 
Societies, secret political, dangerous. A. 1, S. 25. 
Soldiers, how quartered. A. 1, S. 36. 
Solicitor, how elected. A. 4, S. 16. 

Special legislation, powers of general assembly as to. A. 2, S. 29. 
State boundaries. A. 1, S. 34. 

claims against. A. 4, S. 10(1). 
internal government. A. 1, S. 3. 
Statistics, department of. A. 3, S. 17. 

Streets, laws authorizing, etc. A. 2, S. 29. 



xlviii Index to Constitution 

Suffrage and eligibility to office. A. 6. 
Superintendent of public instruction. A. 3, S. 13. 

reports of county school fund to be made. A. 9, S. 5. 
Superior court. 

clerk. A. 4, S. 7(3). 

removal. A. 4, S. 15(3). 
districts. A. 4, S. 7(1). 
judges, election and terms. A. 4, S. 14. 
assignment. A. 4, S. 9. 
removal. A. 4, S. 15(1). 
residence. A. 4, S. 1. 
salaries. A. 4, S. 19. 
vacancy. A. 4, S. 17. 
jurisdiction. A. 4, S. 10(2). 

open at all times except for jury trials. A. 4, S. 7(2). 
solicitors and solicitorial districts. A. 4, S. 16. 
Supreme court. 

jurisdiction. A. 4, S. 10(1). 
justices. A. 4, S. 6(1). 

election and terms of. A. 4, S. 14. 
recall of retired. A. 4, S. 6(1). 
retirement. A. 4, S. 6(1). 
removal. A. 4, S. 15(1). 
salaries. A. 4, S. 19. 
vacancies. A. 4, S. 17. 
Surveyor, county. A. 7, S. 1. 

Suspending laws without consent of representatives, forbidden. A. 1, S. 9. 
Taxation, uniform as to each class. A. 5, S. 3. 
and revenue. A. 1, S. 23; A. 5. 

except for necessary expenses, not levied by county, city or town without assent of 
majority of voters. A. 7, S. 6. 
income. A. 5, S. 3. 

levied by county commissioners. A. 5, S. 6. 

of purchases and sales retrospectively not to be passed. A. 1, S. 32. 
property, exemptions from. A. 5, S. 7. 
Taxes, acts to levy, to state object. A. 5, S. 7. 
Towns, etc., organized by legislature. A. 8, S. 4. 
Towns, laws changing names of. A. 2, S. 29. 
Townships. 

laws changing names of. A. 2, S. 29. 
laws erecting, changing lines. A. 2, S. 29. 
Trade, laws regulating. A. 2, S. 29. 
Treason against state. A. 1, S. 37. 
Treasurer, duties of. A. 3, S. 13. 

University, agricultural department of, mechanics, mining and normal instruction connected 
with. A. 9, S. 14. 

benefits of. A. 9, S. 7. 
election of trustees. A. 9, S. 6. 
general assembly shall maintain. A. 9, S. 7. 
maintenance of. A. 9, S. 6. 
property devoted to. A. 9, S. 7. 
Vacancies in general assembly. A. 2, S. 13. 

other. A. 3, SS. 12, 13; A. 4, S. 17. 
Vagrants, houses of correction for. A. 11, S. 4. 
Warrants without evidence injurious. A. 1, S. 15. 
Whites and negroes cannot intermarry. A. 14, S. 8. 

separated in schools. A. 9, S. 2. 
Widow, homestead benefits. A. 10, S. 5. 
Wills, laws giving effect to. A. 2, S. 29. 
Yeas and nays, when entered. A. 2, SS. 14, 26. 



Official Register 

GENERAL ASSEMBLY 

EXTRA SESSION, 1963 



xlix 



SENATE OFFICERS 



Name 


Position 


Address 




President . 

President pro tern 

r.-"-"Mr>al Clerk 




Ralph H. Scott. .._-.....__.. ... 


Haw River 


LeRoy Clark. .. - 


Reading Clerk . . . 

Sergeant-at-Arms. 


Wendell 


Brooks W. Poole 


Raleigh 



SENATORS 



District 


Name 


County 


Address 


1 






Elizabeth City 


1 


J.J.HARRINGTON- . .- . . 






2 


Edgar J. Gurganus - . 


Martin.. 


Williamston 


2 




Hyde... 




3 


Perry W. Martin _ _ 






4 


W. Lunsford Crew. 




Roanoke Rapids 


4 


Henry G. Shelton ... 




5 


Robert Lee Humber . .. 


Pitt . .. 




6 


Wilbur M. Jolly.. 


Franklin _ ._ 




6 


J. Russell Kirby 






7 






Morehead City 


7 


Thomas J. White. . _. 




8 


Lindsay C. Warren, Jr . 


Wayne . 




8 


Adam J. Whitley, Jr . . 




Smithfield 


9 


LeRoy G. Simmons . 






9 


Cicero P. Yow . . .__ 


New Hanover. 




10 


Carl Meares . . 


Fair Bluff 


10 


Ray H. Walton 






11 


Hector MacLean _ . 






12 


Robert B. Morgan . . 






12 


William P. Saunders 


Moore.. 




13 


Harry Horton .. _. 






13 


John R. Jordan, Jr. ._ . 


Wake 


Raleigh 


14 


Claude Currie. . 

Richard G. Long :. . 






14 


Person 

Rockingham _ . 




15 


T. Clarence Stone _ ... 


Stoneville 


16 


Ralph H. Scott .... 


Alamance . _ 


Haw River 


17 


Charles W. Strong (R) ... . 


Guilford ... 


Greensboro 


18 


Garland S. Garriss.. _ 




Troy 


18 


Dr. W. D. James 


Richmond . . 


Hamlet 


19 




Anson . . 

Stanly. 




19 


Staton P. Williams . . .. 


Albemarle 


20 


Irwin Belk _ . . 


Mecklenburg . . 


Charlotte 


21 


Clyde L. Propst, Jr. . . . 


Cabarrus _ 


Concord 


21 


Thomas W. Seay, Jr ... . 


Rowan 


Spencer 


22 


Gordon Hanes _ . 


Forsyth . ... 


Winston-Salem 


23 


George K. Snow . _ 


Surry ..... 


Mt. Airy 


24 


T. E. Story (R) 


Wilkes 


Wilkesboro 


25 


David Clark ._ . 


Lincoln. 


Lincolnton 


25 


James V. Johnson ... . 


Iredell 


States ville 


26 


L. B. Hollo well _. . 


Gaston. . _ _ 


Gastonia 


27 


B.T.Jones . 


Rutherford . 


Forest City 


27 


Robert F. Morgan _ . . . 


Cleveland 


Shelby 


28 


Joe K. Byrd. .. 


Burke 


Morganton 


29 


Ira T. Johnston ...... 


Ashe .... 


Jefferson 


30 


J. Yates Bailey . ... 


Yancey . _. . 


Bald Creek 


31 


James G. Stikeleather, Jr 


Buncombe.. 


Asheville 


32 


R. E. Brantley ._ 


Polk 


Tryon 


32 


Oral L. Yates, Sr 


Haywood _ _ 


Waynesville 


33 


W. Frank Forsyth . . . _ _ 


Cherokee. . . 


Murphy 



Official Register 



Name 



EXTRA SESSION, 1963 

HOUSE OFFICERS 



H. Clifton Blue 

Mrs. Annie E. Cooper 

Sam J. Burrow, Jr 

Joseph H. Warren 



Position 



Speaker 

Principal Clerk. _ 

Reading Clerk 

Sergeant-at-Arms 



Address 



Aberdeen 
Raleigh 
Asheboro 
Prospect Hill 



REPRESENTATIVES 



Alamance. 



Alexander. 
Alleghany. 

Anson 

Ashe 

Avery 

Beaufort. . 

Bertie 

Blade i 

Brunswick. 
Buncombe. 



Burke 

Cabarrus 

Caldwell 

Camden 

Carteret 

Caswell 

Catawba 

Chatham 

Cherokee 

Chowan 

Clay 

Cleveland 

Columbus 

Craven 

Cumberland . 



Currituck. 

Dare 

Davidson. 

Davie 

Duplin 

Durham.. 



Edgecombe. 
Forsyth 



Franklin. 
Gaston. _ 



Gates 

Graham ._ 
Granville- 
Greene 

Guilford _. 



Halifax 

Harnett 

Haywood.. 
Henderson. 
Hertford . _ 

Hoke 

Hyde 

Iredell 

Jackson 

Johnston.. 

Jones 

Lee 



Jack M. Euliss 

M. Glenn Pickard 

Thomas E. Bebber, Jr. __ 
Robert L. Johnson (R) _ 

H. P. Taylor, Jr 

Austin Jones 

Mack S. Isaac (R) 

Wayland J. Sermons 

Emmett W. Burden 

James C. Green 

Odell Williamson 

I. C. Crawford 

Gordon H. Greenwood. 

Dan R. Simpson (R) 

D wight W. Quinn 

Earl H. Tate 

George M. Wood 

Thomas S. Bennett (R). 

Edward H. Wilson 

J. Henry Hill, Jr 

Jack Moody 

Herman H. West (R) 

B. Warner Evans 

Wayne G. West (R) 

Jack Palmer, Jr 

Arthur W. Williamson.. 

Sam L. Whitehurst 

John T. Henley 

L. Sneed High 

I. H. O'Hanlon 

Milburn E. Sawyer 

M. L. Daniels, Jr 

J. Eugene Snyder (R) 

Lester P. Martin, Jr 

Hugh S. Johnson, Jr 

Eugene C. Brooks, III... 

Nick Galifianakis 

Joe E. Eagles 

Fred F. Bahnson, Jr 

Dan L. Drummond 

Claude M. Hamrick 

James D. Speed 

Steve Dolley 

Hoyle T. Efird 

Philip P. Godwin 

W. V. Cooper 

Joe A. Watkins 

I. Joseph Horton 

Donald Badgley (R) 

Hardy A. Carroll (R)__. 

Philip L. Lacy (R) 

William L. Osteen (R) _ _ 

Thorne Gregory 

Dr. H. D. Mabe, Jr 

Ernest B. Messer 

John T. Randall (R) 

Roberts H. Jernigan, Jr. 

Neill L. McFadyen 

W. J. Lupton 

William R. Pope 

Lacy H. Thornburg 

W. R. Britt 

Mrs. Iona T. Hargett 

J. Shelton Wicker 



Burlington 

Burlington 

Taylorsville 

Piney Creek 

Wadesboro 

West Jefferson 

Newland 

Washington 

Aulander 

Clarkton 

Shallotte 

Asheville 

Black Mountain 

Morganton 

Kannapolis 

Lenoir 

Camden 

Morehead City 

Blanche 

Hickory 
Siler City 

Marble 

Eden ton 

Warne 

Shelby 

Cerro Gordo 

New Bern 

Hope Mills 

Fayetteville 

Fayetteville 

Powells Point 

Manteo 

Lexington 

Mocksville 

Rose Hill 

Durham 

Durham 

Macclesfield 

Winston-Salem 

Winston-Salem 

Winston-Salem 

Louisburg 

Gastonia 

Gastonia 

Gatesville 

Robbinsville 

Oxford 

Snow Hill 

Greensboro 

Greensboro 

Greensboro 

Greensboro 

Scotland Neck 

Erwin 

Canton 

Hendersonville 

Ahoskie 

Raeford 

Swan Quarter 

Mt. Mourne 

Sylva 

Smithfield 

Trenton 

Sanford 



OFFICIAL REGISTER 



li 



EXTRA SESSION, 1963 

REPRESENTATIVES (Cont'd.) 




Kinston 

Dr. Rachel D. Davis, m Lincolnton 

Lenoir 1 c E. LeathermaN------ Franklin 

Lincoln j. Horner Stockton (K) — — M arsri all 

Macon "" l' IST on B. Ramsey " Robersonville 

Madison " p AUL D. Roberson _""" Marion 

Martin ' p AU L J. Story .--•■-- Cnar ] ot te 

McDowell Mrs. Martha W. Evans ■ charlotte 

Mecklenburg.- — | Elmer H. Garinger Charlotte 

Ernest L. Hicks—-- Charlotte 

J Herman Saxon (K) Charlotte 

James B. Vogler _" Bakersville 

Ernest H. Poteat Troy 

J. Paul Wallace Aberdeen 

H. Clifton Blue _" Spring Hope 

Moore "I Allen C. Barbee Wilmington 

Nash " Robert E. Caijjer — ■ Conway 

New Hanover j RayN0 r Woodard Richlands 

Northampton Hugh A. Ragsdale - Jacksonville 

Onslow... -| carl V. Venters "Y.\ Hillsboro 

Edwin J. Hamlin "-._ Oriental 



Mitchell 

Montgomery 



Orange Ned Delamar 

Pamlico " c alden Baker 

Pasquotank Ashley M. Murphy - 

Pender Archie T. Lane, Sr.- 

Perquimans James E. Ramsey 

Person iff a. (Red) Forbes. 

Pitt W Fred Swann (R). 

Polk c PvOBY Garner (B) 

Randolph Thomas B. Hunter - 

Richmond David M. Britt 

Robeson..- - _ | R d. McMillan Jr _""" Draper 

, Earl W.Vaughn "" Salisbury 

Rockingham Clyde H. Harriss | Salisbury 

Rowan- 



Elizabeth City 

Atkinson 

Hertford 

Roxboro 

Winterville 

Tryon 
Asheboro 
Rockingham 
Fairmont 
Red Springs 



George R. Lzzell.- - " Rutherfordton 

. , Hollis M. Owens, Jr -" Clinton 

Rutherford Tom Newman Laurinburg 

Sampson - R0 GER C. Kiser. - ---- ""Albemarle 

Scotland Clyde H. Whitley (K) Walnut Cove 

Stanly Mrs . grace T. Rodenbough pilot Mount ain 

Stokes - William G. Reid --- •" Bryson City 

Surry " Robert Leatherwood, ill - Brevard 

Swain.----.- William Leonard (K) Columbia 

Transylvania w j White Monroe 

Tyrrell - - s Glenn Hawfield Henderson 

Union A a. Zollicoffer, JR ' "" Raleigh 

Vance " Thomas D. Bunn -- Raleigh 

Wake " Jyles J. Coggins ■" Raleigh 

A. A. McMillan " Warrenton 

John Kerr, JR " " Plymouth 

Warren. Carl L. Bailey, Jr.------ Boone 

Washington -- j E Holshouser, JR. (>*■) - Fureka 

Watauga Mrs. John B. Chase.- " N . wilkesboro 

Wayne Robert L. Strickland (K) Wilson 

Wilkes Thomas H. Woodard Yadkinville 

Wilson F p. B. Harding (R) Burnsville 

Yadkin Mark W. Bennett. 

Yancey. 



ENROLLING AND INDEXING DEPARTMENT 



Name 



Position 



Lillington 
, ,., ,.,,,,, , Enrolling Clerk Raleigh 

V M - w" WA, KER I ndeXer ° f LaWS - 

James H. Walker. 



SESSION LAWS 

OF THE 

STATE OF NORTH CAROLINA 



EXTRA SESSION 1963 



H. B. 2 CHAPTER 1 

AN ACT TO ESTABLISH THE SENATORIAL DISTRICTS OF THE 
STATE AND TO MAKE THE APPORTIONMENT OF MEMBERS OF 
THE SENATE. 

The General Assembly of North Carolina do enact: 

Section 1. G. S. 120-1 is hereby amended to read as follows: 

"§ 120-1. Senators. Until another redistricting of the State and reap- 
portionment of Senators among the respective districts so established shall 
be made in accordance with the Constitution and laws of North Carolina, 
the fifty members of the Senate shall be elected from districts constituted 
as follows: 

"First District — Gates, Chowan, Perquimans, Pasquotank, Camden and 
Currituck shall elect one Senator. 

"Second District — Washington, Tyrrell, Dare, Beaufort and Hyde shall 
elect one Senator. 

"Third District — Northampton, Hertford and Bertie shall elect one 
Senator. 

"Fourth District — Onslow shall elect one Senator. 

"Fifth District — Lenoir, Craven, Pamlico, Jones, and Carteret shall elect 
two Senators. 

"Sixth District — Pitt and Greene shall elect one Senator. 

"Seventh District — Edgecombe and Martin shall elect one Senator. 

"Eighth District — Warren and Halifax shall elect one Senator. 

"Ninth District — Bladen, Columbus and Brunswick shall elect one 
Senator. 

"Tenth District — Sampson, Duplin, Pender and New Hanover shall elect 
two Senators. 

"Eleventh District — Wayne shall elect one Senator. 

"Twelfth District — Nash, Wilson and Johnston shall elect two Senators. 

"Thirteenth District — Granville, Vance and Franklin shall elect one 
Senator. 

"Fourteenth District — Robeson shall elect one Senator. 

"Fifteenth District — Cumberland shall elect one Senator. 

"Sixteenth District — Chatham and Wake shall elect two Senators. 

"Seventeenth District — Person, Orange and Durham shall elect two 
Senators. 



Ch. 1-2 1963 — Extra Session Laws 

"Eighteenth District — Randolph, Moore, Lee, Harnett and Hoke shall 
elect two Senators. 

"Nineteenth District — Alamance shall elect one Senator. 

"Twentieth District — Rockingham and Caswell shall elect one Senator. 

"Twenty-first District — Guilford shall elect two Senators. 

"Twenty-second District — Davidson, Montgomery, Richmond and Scot- 
land shall elect two Senators. 

"Twenty-third District — Forsyth shall elect two Senators. 

"Twenty-fourth District — Cabarrus, Stanly, Union and Anson shall elect 
two Senators. 

"Twenty-fifth District — Mecklenburg shall elect three Senators. 

"Twenty-sixth District — Rowan shall elect one Senator. 

"Twenty-seventh District — Iredell and Davie shall elect one Senator. 

"Twenty-eighth District — Ashe, Alleghany, Surry and Stokes shall elect 
one Senator. 

"Twenty-ninth District — Watauga, Wilkes, Yadkin and Avery shall elect 
one Senator. 

"Thirtieth District — Gaston shall elect one Senator. 

"Thirty-first District — Cleveland, Catawba, Alexander and Lincoln shall 
elect two Senators. 

"Thirty-second District — Burke and Caldwell shall elect one Senator. 

"Thirty-third District — Henderson, Rutherford and Polk shall elect one 
Senator. 

"Thirty-fourth District — Madison, Yancey, Mitchell, and McDowell shall 
elect one Senator. 

"Thirty-fifth District — Haywood, Buncombe and Transylvania shall elect 
two Senators. 

"Thirty-sixth District — Cherokee, Graham, Clay, Swain, Jackson and 
Macon shall elect one Senator." 

Sec. 2. All laws and clauses of laws in conflict with this Act are hereby 
repealed. 

Sec. 3. This Act shall take effect upon its ratification. 

In the General Assembly read three times and ratified, this the 17th 
day of October, 1963. 

H. B. 5 CHAPTER 2 

AN ACT TO AMEND THE CONSTITUTION OF NORTH CAROLINA 
SO AS TO INCREASE THE MEMBERSHIP OF THE SENATE AND 
TO PROVIDE FOR COMPULSORY REDISTRICTING OF THE 
SENATE AFTER EACH FEDERAL DECENNIAL CENSUS AND TO 
PROVIDE FOR ONE REPRESENTATIVE FROM EACH COUNTY. 

The General Assembly of North Carolina do enact: 

Section 1. Article II of the Constitution of North Carolina is amended 
by rewriting Sections 3, 4, 5 and 6 thereof to read as follows: 

"Sec. 3. Number of Senators. The Senate shall consist of seventy 
Senators, biennially chosen by ballot. 



1963— Extra Session Laws Ch. 2 

"Sec. 4. Senatorial Districts; Apportionment of Senators; Senate Re- 
districting Commission. The Senators shall be elected from districts. The 
General Assembly, at the first regular Session convening after the effective 
date of this Section as amended, and thereafter, at the first regular Session 
convening after the return of every Federal decennial census, shall revise 
the Senatorial Districts and the apportionment of Senators subject to the 
following requirements: 

"(1) The number of inhabitants for each Senator in the Senatorial 
Districts shall not vary more than twenty-five per cent (25%) from the 
quotient obtained by dividing the total population of the State by seventy. 

"(2) Each Senatorial District shall at all times consist of contiguous 
territory. 

"(3) No county shall be divided in the formation of a Senatorial Dis- 
trict, unless that county shall be entitled to two or more Senators. 

"(4) When established, the Senatorial Districts and the apportionment 
of Senators among those districts shall remain unaltered until the return 
of the next decennial census taken by order of Congress. 

"(5) If the first regular Session of the General Assembly convening 
after the effective date of this Section as amended, and after the return of 
every decennial census taken by order of Congress shall fail to revise the 
Senatorial Districts and the apportionment of Senators among those dis- 
tricts in accordance with the standards set forth in this Section, then 
within ten days after adjournment sine die of that Legislative Session, or 
on July 1 of that year, whichever is earlier, the Senatorial Redistricting 
Commission shall be convened. The Commissioners shall consist of the Presi- 
dent of the Senate, ex officio, one Senator appointed by the President of 
the Senate, the Speaker of the House, one Representative appointed by the 
Speaker of the House, and one Senator or Representative appointed by the 
Governor. The President of the Senate shall be Chairman, but shall have 
no vote except in case of a tie. The members of the Commission shall 
receive such compensation as shall be fixed by the Governor and Council 
of State. Service on the Commission shall not constitute holding office 
within the meaning of Article XIV, Section 7, of the Constitution. The 
Commission shall revise the Senatorial Districts and the apportionment 
of Senators among those districts in accordance with the provisions of this 
Section, and shall file its report with the Secretary of State within 120 
days from the date on which it was first convened. Upon the filing in the 
Office of the Secretary of State of the report of the Commission within the 
time set out in this Section, the report shall be deemed to be an Act of 
the General Assembly and shall govern the next and all subsequent elec- 
tions for members of the Senate until the next revision of the Senatorial 
Districts and the apportionment of Senators is made in accordance with 
this Section. 

"Sec. 5. Number of Representatives. The House of Representatives 
shall consist of one Representative from each county in the State, biennially 
chosen by ballot. 

"Sec. 6. Schedule. The new and amended provisions of Sections 3, 4 and 
5 of this Article shall apply to the composition, nomination and election of 



Ch. 2 1963— Extra Session Laws 

the membership of the House of Representatives and Senate of the General 
Assembly of 1967 and thereafter. The former provisions of Sections 3, 4, 5 
and 6 of Article II of this Constitution shall continue in full force and 
effect as to the composition, nomination and election of the membership 
of the House of Representatives and Senate of the General Assembly of 
1965. Provided, however, the General Assembly of 1965 shall revise the 
Senatorial Districts and apportion the seventy Senators as required by 
the provisions of the new and amended Section 4 of this Article, and if 
the General Assembly of 1965 shall fail to do so, the Senatorial Redistricting 
Commission shall be constituted, convened and shall comply with the pro- 
visions of said Section 4 of this Article." 

Sec. 2. The amendment set out in Section 1 of this Act shall be sub- 
mitted as a unit to the qualified voters of the State at the next general 
election. The election shall be conducted under the laws then governing 
general elections in this State. 

Sec. 3. At that election, the qualified voters favoring the amendment 
set out in Section 1 of this Act shall vote ballots on which shall be printed 
or written the words: 

"FOR constitutional amendment increasing membership of Senate from 
fifty (50) to seventy (70), providing for compulsory redistricting of Senate, 
and reducing number of Representatives from one hundred twenty (120) 
to one hundred (100)"; and those voters opposed shall vote ballots on which 
shall be printed or written the words: 

"AGAINST constitutional amendment increasing membership of Senate 
from fifty (50) to seventy (70), providing for compulsory redistricting of 
Senate, and reducing number of Representatives from one hundred twenty 
(120) to one hundred (100)". 

Sec. 4. If a majority of the votes cast thereon be in favor of the 
amendment set out in Section 1 of this Act, the Governor shall certify the 
amendment under the Great Seal of the State to the Secretary of State, 
who shall enroll the amendment so certified among the permanent records 
of his office, and the amendment shall take effect according to the provisions 
thereof and upon such certification. 

Sec. 5. All laws and clauses of laws in conflict with this Act are hereby 
repealed. 

Sec. 6. This Act shall be in full force and effect from and after its 
ratification. 

In the General Assembly read three times and ratified, this the 17th 
day of October, 1963. 



1963— Extra Session Laws Ch. 3-4 

S. B. 6 CHAPTER 3 

AN ACT TO PRESCRIBE A GENERAL ELECTION IN JANUARY 1964 
ON CONSTITUTIONAL AMENDMENTS PROPOSED AT THE REG- 
ULAR AND EXTRA SESSIONS OF THE GENERAL ASSEMBLY 
OF 1963. 

The General Assembly of North Carolina do enact: 

Section 1. A general election shall be held on Tuesday, January 14, 
1964, at which election the voters of the State shall vote on adoption of 
amendments to the Constitution of North Carolina. 

Sec. 2. The State Board of Elections shall cause to be printed and 
distributed ballots which are to be used in said election, which ballots 
shall bear a facsimile of the signature of the Chairman of the State Board 
of Elections and shall be in substantially the form provided, respectively, 
by Section 3, Chapter 1209, Session Laws of 1963, and by Section 3 of 
House Bill 5 of the laws of the Extra Session of 1963. The election shall 
be held in accordance with the laws governing other general elections. 

Sec. 3. Nothing in this Act is to be construed to prohibit the use of 
voting machines in accordance with the laws of the State. 

Sec. 4. The State of North Carolina shall reimburse the counties of the 
State for all necessary expenses incurred in holding said election, the same 
to be paid out of the Contingency and Emergency Fund. 

Sec. 5. The State Board of Elections shall certify the results of the 
election to the Governor of the State. 

Sec. 6. All laws and clauses of laws in conflict with the provisions of 
this Act are hereby repealed. 

Sec. 7. This Act shall be in full force and effect from and after its 
ratification. 

In the General Assembly read three times and ratified, this the 17th 
day of October, 1963. 

H. B. 7 CHAPTER 4 

AN ACT RELATIVE TO THE PRINTING OF THE ACTS, RESOLUTIONS 
AND JOURNALS OF THE EXTRA SESSION OF 1963. 

The General Assembly of North Carolina do enact: 

Section 1. The Acts and Resolutions of the Extra Session of 1963 shall 
be printed and published in the volume of 1965 Regular Session Laws, and 
the Journals of the House and Senate of the Extra Session of 1963 shall 
be printed and published in the respective volumes of the 1963 Journals. 

Sec. 2. All laws and clauses of laws in conflict with this Act are hereby 
repealed. 

Sec. 3. This Act shall be in full force and effect from and after its 
ratification. 

In the General Assembly read three times and ratified, this the 17th 
day of October, 1963. 



EXTRA SESSION 1963 
RESOLUTIONS 



S. R. 1 RESOLUTION 1 

A JOINT RESOLUTION INFORMING HIS EXCELLENCY, THE GOV- 
ERNOR, THAT THE EXTRA SESSION OF THE GENERAL 
ASSEMBLY OF ONE THOUSAND NINE HUNDRED AND SIXTY- 
THREE IS READY TO PROCEED WITH PUBLIC BUSINESS, AND 
INVITING HIM TO ADDRESS A JOINT EXTRA SESSION OF THE 
GENERAL ASSEMBLY. 

Be it resolved by the Senate, the House of Representatives concurring : 

Section 1. That a committee of three on the part of the Senate and 
five on the part of the House of Representatives be appointed to notify 
His Excellency, the Governor, that the Extra Session of the General 
Assembly of 1963 is organized and now ready to proceed with public 
business, and to invite him to address a Joint Extra Session of the General 
Assembly to be held in the Hall of the House, Monday, October 14, 1963, 
at 12:30 o'clock P.M., and at any other time he desires, either in person 
or in writing. 

Sec. 2. This Resolution shall be in full force and effect from and after 
its ratification. 

In the General Assembly read three times and ratified, this the 17th 
day of October, 1963. 

H. R. 6 RESOLUTION 2 

A JOINT RESOLUTION BY THE EXTRA SESSION OF THE GENERAL 
ASSEMBLY OF NORTH CAROLINA OF 1963 PROVIDING FOR AD- 
JOURNMENT ON THURSDAY, OCTOBER 17, 1963. 

Be it resolved by the House of Representatives, the Senate concurring : 

Section 1. That both the House of Representatives and the Senate, 

constituting the Extra Session of the General Assembly of 1963, do adjourn 

sine die on Thursday, October 17, 1963, at 4:15 o'clock P.M. 

Sec. 2. That this Resolution shall be in force and effect upon its 

adoption. 

In the General Assembly read three times and ratified, this the 17th 

day of October, 1963. 



Session Laws and Resolutions 



REGULAR SESSION 



1965 



GENERAL ASSEMBLY, 1965 
REGULAR SESSION 



SENATE OFFICERS 



Name 


Position 


Address 




President _- 

President pro tern . . _ . . - - 

Principal Clerk - .. 

Reading Clerk 

Sergeant-at Arms - - 


Rt. 1, Haw River 


Robert B. Morgan _ . 


Lillington 
Sanford 




Wendell 


Brooks W. Poole . 


Raleigh 



SENATORS 



District 


Name 


County 


Address 


1 








2 








3 








4 








5 








5 








6 


Walter B. Jones ------ 


Pitt. 




7 








8 








9 






Fair Bluff 


10 


Roy Rowe - __ 


Pender 

Sampson _ _ _ 




10 


Stewart B. Warren . _ 


Clinton 


11 


Lindsay C. Warren, Jr... 


Wayne 


Goldsboro 


12 








12 


J. Russell Kirby . ._ 


Wilson _ 


Wilson 


13 


Fred S. Royster . . _ . 


Vance 




14 


Hector Maclean.. 

N. Hector McGeachy, Jr. ______ 




15 


Cumberland.. 


Fayetteville 


16 


J. Ruffin Bailey _ . __ _ 


Wake 

Wake 


Raleigh 


16 


Jyles J. Coggins ■ 


Raleigh 


17 


Claude Currie ._ _. 






17 


Don S. Matheson 


Orange.- 


Hillsboro 


18 


Voit Gilmore __ _ 


Moore 

Harnett 




18 


Robert B. Morgan 


Lillington 


19 


Ralph H. Scott. _ 


Alamance . . 


Haw River 


20 


Sam M. Bason.. _ _ 

Ed. Kemp. . _ _ _ _ 






21 


Guilford 


High Point 


21 


L. P. McLendon, Jr.. 


Guilford 


High Point 


22 


Jennings G. King. __ _ __ ._ _. 


Scotland 


Laurinburg 


22 


Joe S. Sink 


Davidson. _ . 


Lexington 


23 


Gordon Hanes . 


Forsyth . . 


Winston-Salem 


23 


William Z. Wood... _ . _ 


Forsyth . . 


Winston-Salem 


24 


C. Frank Griffin _ 


Union . _ 


Monroe 


24 


Fred M. Mills, Jr. ..... 


Anson ... 


Wadesboro 


25 


Trwin Belk _ . . . 


Mecklenburg 


Charlotte 


25 


Mrs. Martha W. Evans . 


Mecklenburg ... 


Charlotte 


25 


Herman A. Moore _ 


Mecklenburg ._ 


Charlotte 


26 


Thomas W. Seay, Jr _. . . . 


Rowan. _ 


Spencer 


27 


James V. Johnson. _ . 


Iredell 


Statesville 


28 


J. Worth Gentry 


Stokes . . .... 


King 


29 


F. D. B. Harding (R) 


Yadkin 

Gaston .. ..... 


Yadkinville 


30 


L. B. HOLLOWELL. . ...... 


Gastonia 


31 


Adrian L. Shuford, Jr . __ 


Catawba 


Conover 


31 


Jack H. White . 


Cleveland. _ .___. 


Kings Mountain 


32 


Dr. Dennis S. Cook. . _ 


Caldwell 


Lenoir 


33 


Clarence O. Ridings _. ._ 


Rutherford . 


Forest City 


34 


Clyde M. Norton _ ..... 


McDowell _ . 


Old Fort 


35 


Herbert L. Hyde 


Buncombe- 


Asheville 


35 


Oral L. Yates, Sr. . . 


Haywood . ... 


Waynesville 


36 


W. Frank Forsyth . 


Cherokee . . 


Murphy 



Official Register 



HOUSE OFFICERS 



Name 


Position 


Address 


H. P. Taylor, Jr 




Wadesboro 
Raleigh 
Asheboro 
Prospect Hill 


Mrs. Annie E. Cooper . 


Principal Clerk 


Sam J. Burrow, Jr 




Joseph H. Warren. . .. 


Sergeant-at-Arms... . ... 







County 



Alamance. 



Alexander. 
Alleghany. 

Anson 

Ashe 

Avery 

Beaufort. . 

Bertie 

Bladen 

Brunswick. 
Buncombe. 



Burke 

Cabarrus 

Caldwell 

Camden 

Carteret 

Caswell 

Catawba 

Chatham 

Cherokee 

Chowan 

Clay 

Cleveland 

Columbus 

Craven 

Cumberland. 



Currituck. 

Dare 

Davidson. 

Davie 

Duplin 

Durham __ 



Edgecombe. 
Forsyth 



Franklin. 
Gaston.. 



Gates 

Graham.. 
Granville. 

Greene 

Guilford.. 



Halifax 

Harnett 

Haywood.. 
Henderson. 
Hertford .. 

Hoke 

Hyde 

Iredell 

Jackson 

Johnston.. 

Jones 

Lee 

Lenoir 

Lincoln 



REPRESENTATIVES 



Name 



Jack M. Euliss 

M. Glenn Pickard 

Fred York 

A. Vance Choate 

H. P. Taylor, Jr 

Basil D. Barr 

Mack S. Isaac (R) 

Wayland J. Sermons 

Emmett W. Burden 

James C. Green 

Odell Williamson 

I. C. Crawford 

Gordon H. Greenwood... 

Sam J. Ervin, III 

Dwight W. Quinn 

Earl H. Tate 

George M. Wood 

Thomas S. Bennett (R)__. 

Jno. O. Gunn 

J. Henry Hill, Jr 

Jack Moody 

Mrs. Mary Faye Brumby. 

W. J. P. Earnhardt, Jr 

Wiley A. McGlamery 

Robert Z. Falls 

Arthur W. Williamson... 

R. C. Godwin 

Joel W. Lambert 

I. H. O'Hanlon 

Joe B. Raynor, Jr 

Milburn E. Sawyer 

M. L. Daniels, Jr 

J. Eugene Snyder (R) 

Donald W. Bingham (R)__ 

Hugh S. Johnson, Jr 

Nick Galifianakis 

W. Hance Hofler 

Joe E. Eagles 

Fred F. Bahnson, Jr 

Claude M. Hamrick 

E. M. McKnight (R) 

James D. Speed 

Steve Dolley 

Hoyle T. Efird 

Philip P. Godwin 

W. V. Cooper 

Joe A. Watkins 

I. Joseph Horton 

Elton Edwards 

C. W. Phillips 

W. Marcus Short 

Daniel P. Whitley, Jr 

Thorne Gregory 

Carson Gregory 

Ernest B. Messer 

Don H. Garren (R) 

Roberts H. Jernigan, Jr.. 

Neill L. McFadyen 

W. J. Lupton 

Robert A. Collier, Jr 

Lacy H. Thornburg 

W. R. Britt 

Mrs. Iona T. Collier 

J. Shelton Wicker 

Guy Elliott 

C. E. Leatherman. 



Address 



Macon 1 William G. Zickgraf. 



Burlington 

Burlington 

Taylorsville 

Sparta 

Wadesboro 

West Jefferson 

Newland 

Washington 

Aulander 

Clarkton 

Shallotte 

Asheville 

Black Mountain 

Morganton 

Kannapolis 

Lenoir 

Camden 

Morehead City 

Yanceyville 

Hickory 

Siler City 

Murphy 

Edenton 

Hayesville 

Shelby 

Chadbourn 

New Bern 

Spring Lake 

Fayetteville 

Fayetteville 

Powells Point 

Manteo 

Lexington 

Advance 

Rose Hill 

Durham 

Durham 

Macclesfield 

Winston-Salem 

Winston-Salem 

Clemmons 

Louisburg 

Gastonia 

Gastonia 

Gatesville 

Robbinsville 

Oxford 

Snow Hill 

Greensboro 

Greensboro 

Greensboro 

High Point 

Scotland Neck 

Angier 

Canton 

Hendersonville 

Ahoskie 

Raeford 

Swan Quarter 

Statesville 

Sylva 

Smithfield 

Trenton 

Sanford 

Kinston 

Lincolnton 

Franklin 



10 



Official Register 



REPRESENTATIVES (Cont'd.) 



County 



Name 



Address 



Madison 

Martin 

McDowell 

Mecklenburg 



Mitchell 

Montgomery. 

Moore 

Nash 

New Hanover 
Northampton 
Onslow 

Orange 

Pamlico 

Pasquotank.. 

Pender 

Perquimans.. 

Person 

Pitt 

Polk 

Randolph 

Richmond 

Robeson 

Rockingham . 
Rowan 

Rutherford _ . 

Sampson 

Scotland 

Stanly 

Stokes 

Surry 

Swain 

Transylvania. 

Tyrrell 

Union 

Vance 

Wake 

Warren 

Washington- _ 

Watauga 

Wayne 

Wilkes 

Wilson 

Yadkin 

Yancey 



Mrs. F. Crafton Ramsey (R) 

Paul D. Roberson 

Paul J. Story 

Elmer H. Garinger 

Arthur Goodman, Jr 

Ernest L. Hicks 

Marvin Lee Ritch 

James B. Vogler 

J. Dont Street (R) 

J. Paul Wallace 

T. Clyde Auman 

Allen C. Barbee 

George T. Clark, Jr. (R) 

J. Ra ynor Woodard 

W. D. Mills 

Hugh A. Ragsdale 

Donald McIver Stanford 

Leland V. Brinson 

C. Alden Baker 

Ashley M. Murphy 

Archie T. Lane, Sr 

James E. Ramsey 

W. A. (Red) Forbes 

J. Thurston Arledge 

C. Roby Garner (R) 

W. R. Land, Jr 

David M. Britt 

R. D. McMillan, Jr 

Earl W. Vaughn 

Clyde H. Harriss 

George R. Uzzell 

Hollis M. Owens, Jr 

C. Graham Tart 

Roger C. Kiser 

Clyde H. Whitley (R) 

Mrs. Grace Taylor Rodenbough 

Hugh L. Merritt 

C. R. Crawford 

Ben W. Thomason 

W. J. White 

S. Glenn Hawfield 

A. A. Zoli.icoffer, Jr 

Thomas D. Bunn 

Samuel H. Johnson 

A. A. McMillan 

Wilton R. Drake 

Carl L. Bailey, Jr 

J. E. Holshouser, Jr. (R) 

Mrs. John B. Chase 

Joe O. Brewer (R) 

J. E. Paschall 

Charles G. Reavis (R) 

Mark W. Bennett 



Walnut 

Robersonville 

Marion 

Charlotte 

Charlotte 

Charlotte 

Charlotte 

Charlotte 

Bakers ville 

Troy 

West End 

Spring Hope 

Wilmington 

Conway 

Maysville 

Richlands 

Chapel Hill 

Arapahoe 

Elizabeth City 

Atkinson 

Hertford 

Roxboro 

Winterville 

Tryon 

Asheboro 

Hamlet 

Fairmont 

Red Springs 

Draper 

Salisbury 

Salisbury 

Rutherfordton 

Clinton 

Laurinburg 

Albemarle 

Walnut Cove 

Mount Airy 

Whittier 

Brevard 

Columbia 

Monroe 

Henderson 

Raleigh 

Raleigh 

Raleigh 

Macon 

Plymouth 

Boone 

Eureka 

Wilkesboro 

Wilson 

Yadkinville 

Burnsville 



ENROLLING AND INDEXING DEPARTMENT 


Name 


Position 


Address 


L. M. Chaffin 

James H. Walker 


Enrolling Clerk 

Indexer of Laws. .. . 


Lillington 
Raleigh 



11 



SESSION LAWS 

OF THE 

STATE OF NORTH CAROLINA 



REGULAR SESSION 1965 



H. B. 25 CHAPTER 1 

AN ACT RELATING TO THE BOARD OF COMMISSIONERS OF THE 
TOWN OF CHADBOURN IN COLUMBUS COUNTY. 

The General Assembly of North Carolina do enact: 

Section 1. At the regular municipal election in the Town of Chadbourn 
in 1965, there shall be elected a mayor and five commissioners who shall 
constitute the governing board of the town. In 1967, and biennially there- 
after, the mayor shall be elected for a two-year term. The two commis- 
sioners elected at the 1965 election who receive the highest number of 
votes shall be elected for a term of four years and the other three com- 
missioners elected shall be elected for a term of two years. At the regular 
municipal election in 1967, and quadrennially thereafter, three commissioners 
shall be elected for a term of four years, and at the regular municipal 
election in 1969, and quadrennially thereafter, two commissioners shall 
be elected for a term of four years. The mayor shall have a right to vote 
only in order to break a tie. 

Sec. 2. All laws and clauses of laws in conflict with this Act are hereby 
repealed. 

Sec. 3. This Act shall become effective upon its ratification. 

In the General Assembly read three times and ratified, this the 17th 
day of February, 1965. 

H. B. 27 CHAPTER 2 

AN ACT TO AUTHORIZE THE CITY OF ASHEVILLE TO CONVEY 
CERTAIN LANDS TO THE STATE OF NORTH CAROLINA. 

THAT WHEREAS, the City of Asheville is the owner of certain prop- 
erty located in Buncombe County, North Carolina, known as the City of 
Asheville Airport property; and 

WHEREAS, the State of North Carolina desires to acquire a portion of 
said property for the construction of an agricultural livestock center, which 
will be of great value to the surrounding area and particularly to Bun- 
combe County and the City of Asheville; and 

13 



Ch. 2-3 1965— Session Laws 

WHEREAS, the City of Asheville desires to convey to the State of 
North Carolina that portion of said premises hereinafter described: Now, 
therefore, 

The General Assembly of North Carolina do enact: 

Section 1. The City of Asheville, a municipal corporation of the State 
of North Carolina, is hereby authorized and empowered to sell and convey 
to the State of North Carolina without consideration and at private sale 
that certain tract or parcel of land lying and being in Buncombe County, 
within the boundaries of the City of Asheville Airport property, being 
bounded on the East by Interstate Highway No. 26 and on the North and 
West by Fanning Bridge Road, and more particularly described as follows: 

Beginning at a concrete monument located at the intersection of the 
West boundary of right of way for Interstate Highway 1-26 and the South 
boundary of right of way for Fanning Bridge Road and running South 
75 degrees 50 minutes West 454.65 feet along the South boundary of right 
of way for Fanning Bridge Road to a concrete monument; thence running 
parallel to, and 50 feet from the center line of Fanning Bridge Road the 
following bearings and distances: South 72 degrees 23 minutes West 456.00 
feet; South 71 degrees 40 minutes West 100.00 feet; South 48 degrees 51 
minutes West 51.00 feet; South 41 degrees 47 minutes West 65.00 feet; 
South 31 degrees 44 minutes West 50.00 feet; South 1 degree 42 minutes 
West 50.00 feet; South 2 degrees 29 minutes East 650.56 feet to a stake; 
thence leaving the right of way, North 84 degrees 52 minutes 12 seconds 
East 1301.80 feet to a stake in the West edge of Interstate Highway 1-26 
right of way; thence along the West edge of Interstate Highway 1-26 
right of way North 13 degrees 54 minutes 45 seconds West 1018.70 feet 
to the point of beginning, and containing 25.10 acres, more or less. 

Sec. 2. All laws and clauses of laws in conflict with the provisions of 
this Act are hereby repealed. 

Sec. 3. This Act shall be effective from and after the date of its 
ratification. 

In the General Assembly read three times and ratified, this the 17th 
day of February, 1965. 

H. B. 6 CHAPTER 3 

AN ACT RELATING TO THE DRAWING OF JURORS IN ROWAN 

COUNTY. 
The General Assembly of North Carolina do enact: 

Section 1. G. S. 9-4, as the same appears in the 1963 Cumulative Sup- 
plement to the General Statutes, is hereby amended by rewriting the 
seventeenth paragraph, relating to Rowan County, to read as follows: 

"The commissioners of Rowan County shall cause to be drawn, as 
provided by law, the names of 54 jurors for the first week of each Feb- 
ruary term of Superior Court in said county, and 36 jurors for every 
other week of Superior Court." 

Sec. 2. All laws and clauses of laws in conflict with this Act are hereby 
repealed. 

14 



1965— Session Laws Ch. 3-4-5 

Sec. 3. This Act shall become effective upon its ratification. 
In the General Assembly read three times and ratified, this the 23rd 
day of February, 1965. 

H. B. 7 CHAPTER 4 

AN ACT TO AUTHORIZE CERTAIN DESK OFFICERS OF THE 
POLICE DEPARTMENT OF THE TOWN OF MADISON IN ROCK- 
INGHAM COUNTY TO ISSUE WARRANTS. 

The General Assembly of North Carolina do enact: 

Section 1. Officers of the police department of the Town of Madison in 
Rockingham County, who are or may be designated as "desk officers" by 
the chief of police, are hereby authorized to issue warrants in criminal 
matters in the same manner, to the same extent, and under the same 
rules of law as are applicable to the issuance of such warrants by justices 
of the peace; provided, that no warrant so issued may be served by the 
issuing officer. 

Sec. 2. All laws and clauses of laws in conflict with this Act are hereby 

repealed. 

Sec. 3. This Act shall become effective upon its ratification. 

In the General Assembly read three times and ratified, this the 23rd 
day of February, 1965. 

H. B. 21 CHAPTER 5 

AN ACT REPEALING CHAPTER 68 OF THE 1961 SESSION LAWS 
AND AMENDING A PORTION OF SECTION 1 OF CHAPTER 34 
OF THE 1953 SESSION LAWS OF NORTH CAROLINA TO REVISE 
AND ESTABLISH WARD BOUNDARY LINES OF THE CITY OF 
GASTONIA. 

The General Assembly of North Carolina do enact: 

Section 1. That that portion of Section 1 of Chapter 34 of the 1953 
Session Laws of North Carolina beginning with the words, "For the pur- 
pose of this Section, the City of Gastonia is hereby divided into six wards 
as follows:", and all the remainder of said Section 1 following said words, 
as amended by Chapter 68 of the 1961 Session Laws of North Carolina, is 
hereby repealed and declared void, and in lieu of said portion of said 
Section 1 as so amended, beginning with said words and all of the re- 
mainder of said Section 1 thereafter, the following is hereby enacted and 
said portion of said Section 1 is hereby amended to read as follows: 

"For the purposes of this Section, the City of Gastonia is hereby di- 
vided into six wards as follows: 

WARD ONE 

BEGINNING at the point of intersection of the center line of Trenton 
Street with the center line of the northbound track of the Southern Rail- 
road, and runs thence in an easterly direction with the center line of said 
track to the center line of Church Street; thence in a southerly direction 

15 



Ch. 5 1965 — Session Laws 

with the center line of South Church Street to the center line of Third 
Avenue; thence in a westerly direction with the center line of Third 
Avenue to the center line of South Chestnut Street; thence in a 
southerly direction with the center line of South Chestnut Street 
to the end of South Chestnut Street and continuing therefrom South 
in a straight line to a point in the center line of Avon Creek and 
in a present corporate limit line; thence in a northwesterly direction with 
the center line of said creek to a present corporate limit corner southeast 
of the intersection of Fern Forest Drive with Tangle wood Drive; thence 
with the present corporate limits in a westerly direction to a point South 
of Tangle wood Drive, a corner of the present corporate limits; thence 
with the present corporate limits in a northwesterly direction to a point 
also South of Tanglewood Drive, a corner of the present corporate limits; 
thence in a southerly direction to a point in the center line of Union Road, 
a corner of the present corporate limits; thence in a southerly direction 
with Union Road to another present corporate corner on Union Road; 
thence in a southwesterly direction to another corner of the present cor- 
porate limits West of Union Road; thence in a southerly direction with the 
various courses and distances of the present corporate limits to the West 
of Union Road to the center line of Catawba Creek, a corner of the present 
corporate limits; thence with the center line of Catawba Creek as it 
meanders in a westerly and northwesterly direction to the center line 
of West Seventh Avenue; thence in an easterly direction with the center 
line of West Seventh Avenue to the center line of Trenton Street; thence 
in a northerly direction with the center line of Trenton Street to the center 
line of West Franklin Avenue; thence in an easterly direction with the 
center line of West Franklin Avenue to the center line of Trenton Street; 
thence in a northerly direction with the center line of Trenton Street to 
the point of intersection of the center line of Trenton Street with the 
center line of the northbound track of the Southern Railroad, the point 
of the BEGINNING. 

WARD TWO 
BEGINNING at the point of intersection of the center line of West 
Franklin Avenue with the center line of Linwood Road, and runs thence 
in a southerly direction with the center line of Linwood Road to the center 
line of Spencer Avenue; thence in a southeasterly direction with the center 
line of Spencer Avenue to the center line of South Miller Street; thence 
in a northeasterly direction with the center line of South Miller Street to 
the center line of West Tenth Avenue; thence in an easterly direction with 
the center line of West Tenth Avenue to the center line of South Dalton 
Street; thence in an easterly direction to the point of intersection of the 
center line of South Weldon Street with the center line of West Tenth 
Avenue; thence in a northerly direction with the center line of South 
Weldon Street to the center line of West Seventh Avenue; thence in an 
easterly direction with the center line of West Seventh Avenue to the 
center line of Catawba Creek; thence in a southeasterly direction with 
the center line of Catawba Creek to the center line of Union Road, a present 
corporate limits corner; thence in a southerly direction with the center 

16 



1965 — Session Laws Ch. 5 

line of Union Road and an easterly present corporate limit line to a point 
in the center line of Union Road, a corner of the present corporate limits; 
thence in a general westerly direction following the various changing 
courses and distances of the various present corporate limit lines along 
the present southerly boundaries of the City of Gastonia to a point South 
of Linwood Road, a southwest corner of the present corporate limits; 
thence crossing Linwood Road in a northwesterly direction and with 
the present corporate limits to a point northwest of Linwood Road, a corner 
of the present corporate limits; thence in a general northerly direction 
following the various changing courses and distances of the various present 
corporate limit lines along the present westerly boundaries of the City of 
Gastonia to a point in the center line of West Franklin Avenue (Kings 
Mountain Highway), a corner of the present corporate limits; thence with 
the center line of West Franklin Avenue in an easterly direction to the 
point of intersection of the center line of West Franklin Avenue with 
the center line of Linwood Road, the point of the BEGINNING. 

WARD THREE 
BEGINNING at the point of intersection of the center line of West 
Franklin Avenue with the center line of Linwood Road, and runs thence 
in a southerly direction with the center line of Linwood Road to the center 
line of Spencer Avenue; thence in a southeasterly direction with the center 
line of Spencer Avenue to the center line of South Miller Street; thence 
in a northeasterly direction with the center line of South Miller Street to 
the center line of West Tenth Avenue; thence in an easterly direction with 
the center line of West Tenth Avenue to the center line of South Dalton 
Street; thence in an easterly direction to the point of intersection of the 
center line of South Weldon Street with the center line of West Tenth 
Avenue; thence in a northerly direction with the center line of South 
Weldon Street to the center line of West Seventh Avenue; thence in an 
easterly direction with the center line of West Seventh Avenue to the 
center line of Trenton Street; thence in a northerly direction with the 
center line of Trenton Street to the center line of West Franklin Avenue; 
thence in an easterly direction with the center line of West Franklin 
Avenue to the center line of Trenton Street; thence in a northerly direction 
with the center line of Trenton Street to the center line of West Airline 
Avenue; thence in a westerly direction with the center line of West Airline 
Avenue to the center line of North Highland Street; thence in a northerly 
direction with the center line of North Highland Street to the center 
line of Cameron Avenue at its intersection with North Highland Street; 
thence in a westerly direction with the center line of Cameron Avenue 
to a point in the West line of North Weldon Street; thence in a northerly 
direction with the West line of North Weldon Street to a point also in 
the West line of North Weldon Street, the first corner of the present 
corporate limits North of Norton Avenue; thence in a general westerly 
direction following the various changing courses and distances of the 
various present corporate limit lines along the present northerly boundaries 
of the City of Gastonia to a point on Shannon-Bradley Road, a northwest 
corner of the present corporate limits; thence in a southerly direction with 

17 



Ch. 5 1965 — Session Laws 

Shannon-Bradley Road and the present corporate limits to a point on said 
road, a southwest corner of the present corporate limits; thence in a general 
easterly direction following the various changing courses and distances of 
the various present corporate limit lines along the present southerly 
boundaries of the City of Gastonia to a point West of Myrtle School Road 
and South of Mary Avenue, a corner of the present corporate limits; thence 
in a southerly direction with the present corporate limit line to the West 
of Myrtle School Road to a point in the center line of West Franklin 
Avenue (U. S. Highway No. 29 to Kings Mountain); thence in an easterly 
direction with the center line of West Franklin Avenue to the point of 
intersection of the center line of West Franklin Avenue with the center 
line of Linwood Road, the point of the BEGINNING. 

WARD FOUR 
BEGINNING at the point of intersection of the center line of Trenton 
Street with the center line of the northbound track of the Southern Rail- 
road, and runs thence in a northerly direction with the center line of Trenton 
Street to the center line of West Airline Avenue; thence in a westerly 
direction with the center line of West Airline Avenue to the center line 
of North Highland Street; thence in a northerly direction with the center 
line of North Highland Street to the center line of Cameron Avenue 
at its intersection with North Highland Street; thence in a westerly 
direction with the center line of Cameron Avenue to a point on the West 
side of North Weldon Street; thence in a northerly direction with the 
West line of North Weldon Street and the present corporate limits to a 
point also in the West line of North Weldon Street, the second corner 
of the present corporate limits to the North of Norton Avenue; thence in 
a general easterly direction following the various changing courses and 
distances of the various present corporate limit lines along the northerly 
boundaries of the City of Gastonia to a point East of the Carolina & North- 
western Railroad and East of North Chester Street (U. S. Highway No. 
321), a North corner of the present corporate limits; thence in a southerly 
direction with the present corporate limits to a point in the center line of 
the Carolina & Northwestern Railroad; thence in a southerly direction with 
the center line of the Carolina & Northwestern Railroad to a point northeast 
of Caldwell Street, a corner of the present corporate limits; thence in an 
easterly direction with the present corporate limits running between Sims 
Legion Park and Sycamore Avenue to a point in the center line of North 
Marietta Street, a corner of the present corporate limits; thence in a 
southerly direction with the center line of North Marietta Street to a 
point approximately 375 feet North of the intersection of North Marietta 
Street and East Davidson Avenue; thence in an easterly direction along 
a back lot line to the center line of an unnamed alley, West of Hanover 
Street; thence in a southeasterly direction along the center line of said 
unnamed alley to the center line of East Davidson Avenue; thence in a 
westerly direction with the center line of East Davidson Avenue to the 
center line of Oakland Street (formerly Reverse Curve); thence in a 
southerly direction with the center line of Oakland Street to its inter- 
section with the center line of Reverse Curve; thence in a southerly 

18 



1965 — Session Laws Ch. 5 

direction to the center line of the Carolina & Northwestern Railroad; 
thence in a southerly direction with the center line of the Carolina & 
Northwestern Railroad to the center line of the northbound track of the 
Southern Railroad; thence in a westerly direction with the center line of 
the northbound track of the Southern Railroad to the point of intersection 
of the center line of Trenton Street with the center line of the northbound 
track of the Southern Railroad, the point of the BEGINNING. 

WARD FIVE 
BEGINNING at the point of intersection of the center line of the 
northbound track of the Southern Railroad with the center line of Church 
Street, and runs thence in a southerly direction with the center line of 
Church Street to the center line of East Third Avenue; thence in a westerly 
direction with the center line of East Third Avenue to the center line of 
South Chestnut Street; thence in a southerly direction with the center line 
of South Chestnut Street to the end of South Chestnut Street and con- 
tinuing in a southerly direction therefrom in a straight line to a point in 
the center line of Avon Creek and southwest of Fern Forest Drive; thence 
in a southerly direction with the present corporate limits and with the 
center line of Avon Creek to the point of the center line of Catawba 
Creek, a southerly corner of the present corporate limits; thence in an 
easterly direction with the center line of Catawba Creek to its point of 
intersection with the extended center line of Castlegate Drive; thence in a 
northerly direction with the extended center line of Castlegate Drive 
and with the center line of Castlegate Drive to the center line of Dixon 
Road; thence continuing in a northerly direction and with the center line 
of Grier Drive to the center line of Kendrick Drive; thence in an easterly 
direction with the center line of Kendrick Drive to the center line of Tor- 
rence Drive; thence in a northerly direction with the center line of Torrence 
Drive to the center line of Pineola Avenue; thence in an easterly direction 
with the center line of Pineola Avenue to the center line of Torrence 
Drive; thence in a northerly direction with the center line of Torrence 
Drive to the center line of Burtonwood Drive; thence in a northeasterly 
direction with the center line of Burtonwood Drive to the center line of 
New Hope Road; thence in a northerly direction with the center line of 
New Hope Road crossing East Franklin Avenue and continuing in a north- 
erly direction with the center line of Vista Drive to the center line of 
Interstate Highway No. 85; thence in a northwesterly direction with the 
center line of Interstate Highway No. 85 to a point in a northerly present 
corporate limit line, said point being East of the Old Dallas Highway 
Overpass on Interstate Highway No. 85; thence in a southwesterly direc- 
tion with said northern corporate limit line to a point in the center line 
of the Old Dallas Highway, a North corner of the present corporate 
limits; thence in a southerly direction with the center line of the Old 
Dallas Highway to a point in the center line of North Marietta Street 
(Old Dallas Highway), said point being approximately 375 feet North 
of the intersection of North Marietta Street and East Davidson Avenue; 
thence in an easterly direction along a back lot line to the center line 
of an unnamed alley West of Hanover Street; thence in a southeasterly 

19 



Ch. 5 1965 — Session Laws 

direction along the center line of said unnamed alley to the center line 
of East Davidson Avenue; thence in westerly direction with the center 
line of East Davidson Avenue to the center line of Oakland Street (formerly 
Reverse Curve); thence in a southerly direction with the center line of 
Oakland Street to its intersection with the center line of Reverse Curve; 
thence in a southerly direction to the center line of the Carolina & North- 
western Railroad; thence in a southerly direction with the center line of 
the Carolina & Northwestern Railroad to the center line of the northbound 
track of the Southern Railroad; thence in an easterly direction with the 
center line of the northbound track of the Southern Railroad to the point 
of intersection of the center line of the northbound track of the Southern 
Railroad with the center line of Church Street, the point of the BE- 
GINNING. 

WARD SIX 
BEGINNING at the point of intersection of the center line of Interstate 
No. 85 with a northerly present corporate limit line, said point being East 
of the overpass of the Old Dallas Highway on Interstate Highway No. 85, 
and runs thence in a northeasterly direction with said northerly present 
corporate limit line and the center line of Long Creek to a point East of 
the Lower Dallas Road, a northwest corner of the present corporate limits; 
thence in a southerly direction with the present corporate limits running 
to the East of the Lower Dallas Road to a corner of the present corporate 
limits North of East Ozark Avenue; thence with a present northerly cor- 
porate limit line in an easterly direction to a corner of the present cor- 
porate limits northwest of the intersection of Cox Road with East Ozark 
Avenue; thence in a southerly direction with the present corporate limits 
to a corner of the present corporate limits South of the Southern Railroad 
and southwest of the intersection of East Ozark Avenue with Cox Road; 
thence in an easterly direction with the present corporate limits to a 
corner of the present corporate limits East of Cox Road and southeast 
of the intersection of East Ozark Avenue and Cox Road; thence in a 
southerly direction with the present corporate limits running to the East 
of Cox Road to a branch northeast of the intersection of Cox Road with 
East Franklin Avenue (Wilkinson Boulevard); thence in an easterly di- 
rection following the present corporate limits to the North of Wilkinson 
Boulevard to the point of intersection of the present corporate limits with 
the Lowell town limits North of Wilkinson Boulevard; thence in a south- 
easterly direction with the Lowell town limits line to a corner of the 
present corporate limits South of Wilkinson Boulevard; thence in a general 
southerly direction following the various changing courses and distances 
of the various present corporate limit lines along the present easterly 
boundaries of the City of Gastonia to a point South of Londonerry Drive, 
a corner of the present corporate limits; thence in a southwesterly direction 
with the present corporate limits to a present corporate limit corner south- 
west of Downeybrook Drive; thence in a northerly direction with the 
present corporate limit line to a corner of the present corporate limits 
West of Woodstock Street and South of Redbud Drive; thence in a westerly 
direction with the present corporate limits to the South of Redbud Drive to 

20 



1965 — Session Laws Ch. 5 

a present corporate corner southeast of the intersection of Redbud Drive 
with New Hope Road; thence with a present corporate limit line in a 
westerly direction to a corner of the present corporate limits South of 
New Hope Road and between Southside Street and McLean Street; thence 
in a general southerly direction following the various changing courses 
and distances of the various present corporate limit lines along the present 
easterly boundaries of the City of Gastonia to a corner of the present 
corporate limits northeast of the intersection of Titman Road with Hoffman 
Road; thence in a general westerly direction following the various changing 
courses and distances of the various present corporate limit lines along 
the present southerly boundaries of the City of Gastonia and with the 
center line of Catawba Creek to the point of intersection of the center line 
of Catawba Creek with the extended center line of Castlegate Drive; 
thence in a northerly direction with the extended center line of Castlegate 
Drive and with the center line of Castlegate Drive to the center line of 
Dixon Road; thence continuing in a northerly direction and with the center 
line of Grier Drive to the center line of Kendrick Drive; thence in an 
easterly direction with the center line of Kendrick Drive to the center line 
of Torrence Drive; thence in a northerly direction with the center line of 
Torrence Drive to the center line of Pineola Avenue; thence in an easterly 
direction with the center line of Pineola Avenue to the center line of 
Torrence Drive; thence in a northerly direction with the center line of 
Torrence Drive to the center line of Burtonwood Drive; thence in a north- 
easterly direction with the center line of Burtonwood Drive to the center 
line of New Hope Road; thence in a northerly direction with the center 
line of New Hope Road crossing East Franklin Avenue and continuing in 
a northerly direction with the center line of Vista Drive to the center line 
of Interstate Highway No. 85; thence in a northwesterly direction with the 
center line of Interstate Highway No. 85 to the point of intersection of 
the center line of Interstate Highway No. 85 with a northerly present 
corporate line, said point being East of the overpass of the Old Dallas High- 
way on Interstate Highway No. 85, the point of the BEGINNING. 

The above six wards as described are shown on that map entitled 
"Official Ward Map, City of Gastonia, N. C, 1965", on file at the City 
Hall in the City of Gastonia, to which reference is hereby made. 

Provided, that in the event the present corporate limits of the City 
of Gastonia are extended after the adoption of this Act, any of said new 
area shall comprise and be a part of such ward or wards that such ward 
or wards' boundary lines, if extended, would generally embrace by following 
streets, roads, highways, railroads, creeks, branches or other established, 
fixed or natural boundaries; and the City Council of the City of Gastonia 
shall so approve and fix such ward or wards' boundary lines as so extended, 
and cause an official ward map showing such extensions to be made and 
published at least thirty (30) days prior to any Municipal Election of 
Councilmen, said publication to be made once in a newspaper having a 
general circulation in the City of Gastonia, showing the boundary lines of 
all six wards of the City of Gastonia as hereby established with any such 
ward boundary lines as so extended as to any such new area." 

21 



Ch. 5-6 1965— Session Laws 

Sec. 2. That all the provisions of Chapter 68 of the 1961 Session Laws 
of North Carolina entitled "An Act Amending a Portion of Section 1 of 
Chapter 34 of the 1953 Session Laws of North Carolina to Provide Change 
in Ward Boundary Lines of the Wards of the City of Gastonia" and any 
and all other laws or clauses of laws in conflict with this Act are hereby 
repealed; and, except as hereby amended, the provisions of Chapter 34 
of the 1953 Session Laws of North Carolina are hereby ratified and shall 
remain in full force and effect. 

Sec. 3. That this Act shall become and be in full force and effect from 
and after its ratification. 

In the General Assembly read three times and ratified, this the 23rd 
day of February, 1965. 

S. B. 13 CHAPTER 6 

AN ACT RELATING TO THE OPERATION, SUPPORT AND MAINTE- 
NANCE OF A COUNTY LAW LIBRARY IN EDGECOMBE COUNTY. 

The General Assembly of North Carolina do enact: 

Section 1. The operation and maintenance of a county law library in 
Edgecombe County is hereby authorized. 

Sec. 2. The library shall be operated by and be under the supervision 
of the Edgecombe County Law Library Committee, which Committee shall 
be appointed by the resident judge of the Judicial District in which 
Edgecombe County is located, subject to the approval of the Edgecombe 
Board of County Commissioners, and shall serve at the pleasure of said 
judge. The Committee shall consist of such number as the judge shall 
direct. 

Sec. 3. In addition to all court costs now provided by law, an addi- 
tional court cost in the amount of seventy-five cents (75tf) shall be taxed 
and collected in all criminal cases in all courts, including courts of justices 
of the peace, where the offense occurred in Edgecombe County and where 
the costs are in fact paid by the defendant. Such costs shall be taxed in 
all criminal cases in the Rocky Mount Recorder's Court which meet the 
above description. 

Sec. 4. All justices of the peace and clerks of all courts shall remit 
on the first day of each month to the Edgecombe County Auditor all funds 
collected pursuant to this Act and shall report the collections on forms 
furnished by the auditor. The auditor shall keep all funds in a special 
bank account designated "Edgecombe Law Library Account" and shall 
report upon request to the resident judge and/or the Edgecombe Board 
of County Commissioners. 

Sec. 5. The Library Committee shall maintain, equip, and authorize 
purchases for all necessary equipment, books and supplies for the Edge- 
combe County Law Library and may authorize the purchase of any equip- 
ment or supplies it considers reasonable and necessary for use in either 
courtroom. It may, also, employ necessary personnel and authorize such 
expenditures as may be necessary therefor. 

22 



1965— Session Laws Ch. 6-7 

The Committee may accept gifts, bequests of books, materials and 
equipment. The law library shall be maintained in the Court House 
of Edgecombe County. The Committee shall make rules and regulations 
for the use of the law library. 

Sec. 6. The Committee shall, also, authorize and direct a refund to 
Edgecombe County of all monies heretofore spent by the county for the 
purchase of books in the law library and it shall make such refund in 
such amounts and at such times as shall be requested by the Board of 
County Commissioners. 

Sec. 7. The auditor shall pay from the funds remitted to him under 
this Act all charges and costs as authorized in writing by the Committee 
chairman and all supplies, equipment, and books purchased shall be the 
property of Edgecombe County. 

Sec. 8. All laws and clauses of laws in conflict with this Act are hereby 
repealed. 

Sec. 9. This Act shall become effective March 1, 1965. 

In the General Assembly read three times and ratified, this the 25th 
day of February, 1965. 

H. B. 23 CHAPTER 7 

AN ACT AUTHORIZING THE ESTABLISHMENT OF TOWN LIQUOR 
CONTROL STORES IN THE TOWN OF MOORESVILLE UPON A 
VOTE OF THE PEOPLE AND PROVIDING FOR THE ALLOCATION 
OF THE NET PROCEEDS FROM THE OPERATION OF SUCH 
STORES. 

The General Assembly of North Carolina do enact: 

Section 1. The Board of Commissioners of the Town of Mooresville 
may on its own motion and shall upon a petition to said board, signed by 
at least fifteen percent (15%) of the registered and qualified voters of 
the municipality, order an election to be held on the question of whether 
or not town liquor control stores may be operated in the Town of Moores- 
ville and if a majority of the votes cast in such election shall be for 
the operation of such stores, it shall be legal for liquor control stores to 
be set up and operated in said town, but if a majority of the votes cast 
in said election shall be against the operation of town liquor control 
stores, no such stores shall be set up or operated in said town under pro- 
vision of this Act. 

Sec. 2. In calling for such special liquor election, the said board shall 
give at least twenty (20) days public notice of the same prior to the open- 
ing of the registration books, and said registration books shall remain 
open for the same period of time before such special liquor election as is 
required by law for them to remain open for a regular election. A new 
registration of voters for such special liquor election shall not be necessary 
and all qualified electors who are properly registered prior to registration 
for the special election and those who register in said special liquor election 
shall be entitled to vote in said election. In said election a ballot shall be 
used upon which shall be printed on separate lines for each proposition: 

23 



Ch. 7 1965— Session Laws 

"D FOR Town Liquor Control Stores." 

"□ AGAINST Town Liquor Control Stores." 
Those favoring setting up and operating liquor control stores in the Town 
of Mooresville shall mark in the voting squares to the left of the words 
"FOR Town Liquor Control Stores" printed on the ballot, and those opposed 
to town liquor control stores shall mark in the voting square to the left 
of the words "AGAINST Town Liquor Control Stores." Except as other- 
wise herein provided, the special election authorized shall be conducted 
under the same statutes, rules and regulations applicable to elections for the 
Mayor of the Town of Mooresville. The cost of such election shall be paid 
from the general fund of the Town of Mooresville. 

Sec. 3. If a subsequent election shall be held and at such election a 
majority of the votes shall be cast "AGAINST Town Liquor Control Stores", 
the town liquor control board shall within three months from the can- 
vassing of such votes and declaration of the result thereof, close said 
stores and shall thereafter cease to operate the same, and within three 
months the town control board shall dispose of all alcoholic beverages on 
hand, all fixtures, and all other property in the hands and under the control 
of said board and convert the same into cash and turn the same over to 
the town treasurer. Thereafter, all Public, Public-Local, and Private Laws 
applicable to the sale of intoxicating beverages within said Town of Moores- 
ville in force and effect prior to the authorization to operate town liquor 
control stores shall be in full force and effect the same as if such election 
had not been held until and unless another election is held under the pro- 
visions of the Act in which a majority of the votes shall be cast "FOR 
Town Liquor Control Stores". No election shall be called and held in the 
Town of Mooresville under the provisions of this Act within two years 
from the holding of the last election thereunder. It shall be the duty of 
the Board of Commissioners of the Town of Mooresville to order the special 
liquor election herein authorized within sixty (60) days after a sufficient 
petition has been filed requesting the same. But no election under this Act 
shall be held on the day of the biennial, county, or Town of Mooresville 
general election or primary election, or within thirty (30) days of any 
such election. 

Sec. 4. If the operation of town liquor control stores is authorized under 
the provisions of this Act, the Mayor and Board of Commissioners of the 
Town of Mooresville shall immediately create a town board of alcoholic 
control to be composed of a chairman and two other members who shall be 
well known for their character, ability, and business acumen. Said board 
shall be known and designated as "The Town of Mooresville Board of 
Alcoholic Control." The chairman of said board shall be designated by the 
mayor and governing board of the town and shall serve for his first term a 
period of three years, and one member shall serve for his first term a 
period of two years, and the other member shall serve for a period of 
one year; and all terms shall begin with the date of their appointment, and 
after the said terms shall have expired, their successors in office shall 
serve for a period of three years. Their successors, or any vacancy occurring 
in the board, shall be named or filled by the mayor and the governing body 
of the town. 

24 



1965— Session Laws Ch. 7 

Sec 5 The said Town of Mooresville Board of Alcoholic Control shall 
have all of the powers and duties imposed by Section 18-45 of the Genera 
Statutes of North Carolina on county boards of alcoholic control and shall 
be subject to the powers and authority of the State Board of Alcoholic 
Control the same as county boards of alcoholic control as provided in Sec- 
tion 18-39 of the General Statutes. The said Town of Mooresville Board of 
Alcoholic Control and the operation of any town liquor stores authorized 
under the provisions of this Act shall be subject to and in pursuance with 
the provisions of Article 3 of Chapter 18 of the General Statutes, except 
to the extent which the same may be in conflict with the provisions of this 
Act. Wherever the word "county" board of alcoholic control appears m said 
Article, it shall include the Town of Mooresville Board of Alcoholic Control 

Sec 6 The net profits derived from the operation of liquor control 
stores in the Town of Mooresville, after deducting the necessary funds for 
law enforcement as provided in G. S. 18-45, shall be divided as follows: 

1 Twelve and one-half percent (12%%) shall be turned over to the 
Iredell County Board of Commissioners to be used exclusively for school 

PUr 2°T minimum of twenty-five percent (25%) shall be used by the Board 
of Commissioners of the Town of Mooresville for the acquisition and im- 
provement of lands and buildings for public parks, playgrounds, and rec- 
reational centers and the maintenance and operation of the same. 

3. A minimum of twenty-seven and one-half percent (27%%) shall be 
used by the Mooresville City School Board to operate the Mooresville 
School District schools at a higher standard than provided by county or state 
support, including the use of said funds for capital improvements, and to 
supplement the salaries of public school teachers teaching m the Moores- 
ville School District. 

4 The remaining net profits shall be turned over to the Board of Com- 
missioners of the Town of Mooresville to be used for any of the following 

P Tto" provide additional funds for Alcoholic Beverage Control law en- 
forcement. 

b. Any town governmental purpose. 

c To provide funds in addition to the minimum amounts hereinbefore 
specified for the acquisition and improvement of lands and buildings tor 
public parks, playgrounds, and recreational centers and maintenance and 

operation of the same. . - 

d To provide funds in addition to the minimum amounts hereinbefore 
specified to operate the Mooresville School District schools at a higher 
standard than provided by county or state support, including the use oi 
said funds for capital improvements, and to supplement the salaries ot 
public school teachers teaching in the Mooresville School District. 

e. Acquisition of sites and construction, maintenance and operation ol 

public hospitals. . —„„+ 

f. Acquisition, maintenance, operation, enlargement and improvement 
of public libraries, public art museums, and armories. 



25 



Ch. 7-8 1965— Session Laws 

Sec. 7. All laws and clauses of laws in conflict with this Act are hereby 
repealed. 

Sec. 8. This Act shall become effective upon its ratification. 

In the General Assembly read three times and ratified, this the 25th 
day of February, 1965. 

H. B. 43 CHAPTER 8 

AN ACT TO AMEND G. S. 9-1 AND G. S. 9-2 SO AS TO PROVIDE FOR 
THE PREPARATION OF THE JURY LIST IN FORSYTH COUNTY 
ON AN ANNUAL BASIS IN THE DISCRETION OF THE BOARD 
OF COUNTY COMMISSIONERS. 

The General Assembly of North Carolina do enact: 

Section 1. G. S. 9-1 is hereby amended by adding at the end thereof a 
proviso to read as follows: "Provided, however, that the Board of County 
Commissioners of Forsyth County may, upon the adoption of an appropriate 
resolution, provide for compliance with the provisions of this Section on 
an annual, rather than biennial, basis, and provide for the preparation of 
the jury list in a month other than June of each year." 

Sec. 2. G. S. 9-2 is hereby amended by adding at the end thereof a 
proviso to read as follows: "Provided, however, that the Board of County 
Commissioners of Forsyth County may, upon the adoption of an appropriate 
resolution, comply with the provisions of this Section on an annual, rather 
than biennial, basis, and provide for the preparation of jury names on 
scrolls and placed in the jury box in a month other than July, but within 
one month of the preparation of the jury list as specified in Section 1 
above." 

Sec. 3. It is the purpose of this Act to authorize the Board of County 
Commissioners of Forsyth County, upon the adoption of an appropriate 
resolution, to provide for the preparation of the jury list for said county 
on an annual basis, as early in the year as is feasible, and any provisions 
of the General Statutes requiring the preparation of the jury list on a 
biennial basis in June or July shall not be applicable to Forsyth County 
upon the adoption of a resolution by the Board of County Commissioners 
providing for annual preparation of the jury list. 

Sec. 4. This Act shall apply to Forsyth County only. 

Sec. 5. All laws and clauses of laws in conflict herewith are hereby 
repealed. 

Sec. 6. This Act shall be in full force and effect from and after 
ratification. 

In the General Assembly read three times and ratified, this the 25th 
day of February, 1965. 



26 



1965— Session LAWS CH. 9-10-11 

w r rrj CHAPTER 9 

a ika i*\ RFLATING TO THE PERIOD OF 

^i^S^W^™~^^^ ALL0WANCE T0 

REFLET THE CORRECT TERMINOLOGY. 

r .e General A.**** of North C™^*j£to amended by rewriting 
Section 1. Subsection (5) of G. S. 1-54 is neie y 

the subsection to read as follows: wrv \vme spouse or children." 

"(5) For the year's allowance of a su ™*f with this Act are hereby 
Sec. 2. All laws and clauses of laws m conflict with this Act 

"^st's. This Act shall become effective upon its ratification 

In the General Assembly read three times and ratxfied, 
day of February, 1965. 

S B 30 CHAPTER 10 

CLIFFSIDE RAILROAD COMPANY. 

The General Assembly of North Carolina do enact: . & 

Section 1. Section 1 of Chapter 280 of ^^^ in line six 
hereby amended by striking out the words sixty (60) ye 

nr^ln ^SS"^ -St with this Act are hereby 

IS tfjSTJTS - a =, iS «- 2 6th 
day of February, 1965. 

H B 31 CHAPTER 11 

AN ACT TO AMEND THE ™™£L™uK % "cLTY 
SALEM BY DEFINING THE CORPORATE ^QR TO JANUARY 1, 
TO INCLUDE THE AREAS ANNEXED PRIOR 1U DARY 

1965; AND REDESIGNATING AND FIXING THE 
LINES OF THE EIGHT WARDS OF THE CITY. 
The General Assembly of North Carolmadoena^: ^^ 

Section 1. Section 1 of Chapter 24 of the 1957 J^ SS1 ™ nston _ Salem to 
Carolina, defining the corporate limits of the City o± VV by 

include the areas annexed prior to January 1 J^£™* of the City 
striking therefrom the legal description of th c °^ or ^ ^ description, 
of Winston-Salem and by inserting in lieu *™^™£ J the C ity of 
which includes all areas annexed to the corporate nm 



27 



Ch. 11 1965— Session Laws 

in Plat Book 12 page 26) extended southwardly; thence on a line that is 
200.0 feet South of and parallel to the "Old Vineyard Road", the following 
six (6) courses: North 87 degrees 37 minutes West, 2384.48 feet to a point 
the P. C. of a curve; thence with the long chord of said curve, North 77 
degrees 29 minutes West, 469.02 feet to a point, the P. T. of said curve; 
thence North 65 degrees 09 minutes West, 432.62 feet to a point, the 
P. C. of a curve; thence with the long chord of said curve, North 83 
degrees 17 minutes West, 234.91 feet to a point, the P. T. of said curve; 
thence South 77 degrees 57 minutes West, 664.81 feet to a point, the P. C. 
of another curve; thence with the long chord of curve, North 83 degrees 
32 minutes West, 215.1 feet to a point, the P. T. of said curve in the West 
line of lot No. 55, Block 3902; thence with the West line of said lot No. 55, 
South 02 degrees 34 minutes West, 15.0 feet to an iron stake, the Southwest 
corner of lot No. 55 in a line of lot No. 56; thence crossing lots No. 56 
and 57, Block No. 3902, South 83 degrees 47 minutes West 297.58 feet to 
an iron stake, the Southeast corner of lot No. 58, Block No. 3902; thence 
with the South line of lot No. 58, North 87 degrees 23 minutes West, 
163.5 feet to an iron stake, the Southwest corner of lot No. 58 in a line 
of lot No. 57, Block No. 3902; thence North 80 degrees 11 minutes West 
333.15 feet to a stake, the Southeast corner of lot No. 59, Block No. 3902 
in the western line of lot No. 57; thence with the southern line of lot 
No. 59, North 75 degrees 43 minutes West, 160.0 feet, to a stake, the 
Southwest corner of said lot No. 59 in a line of lot No. 60; thence crossing 
through lot No. 60, North 55 degrees 44 minutes West, 445.18 feet to 
an iron stake, said iron stake being 200.0 feet South of and perpendicular 
to Old Vineyard Road; thence on a line that is 200.0 feet South of and 
parallel to Old Vineyard Road, North 60 degrees 36 minutes West, 1017.25 
feet to an iron stake in the East line of lot No. 78B, Block No. 3905; 
thence with the East line of said lot No. 78B, South 00 degrees 31 minutes 
West 65.0 feet to a stone, a corner of lots No. 78B and 82 in the North 
line of lot No. 101, Block No. 3905; thence with the southern line of lot 
No. 78B and falling in with the southern line of lots No. 81, 80, and 79, 
North 78 degrees 14 minutes West, 635.32 feet to a point, the Southwest 
corner of lot No. 79, Block No. 3905; thence North 56 degrees 27 minutes 
West, 188.2 feet to a stake, the Southeast corner of lot No. 100 in the 
western line of lot No. 78A, Block No. 3905; thence with the southern 
line of lot No. 100 and continuing, North 88 degrees 59 minutes West, 
213.66 feet to a point; thence North 83 degrees 12 minutes West 161.8 
feet to an iron stake in the western line of "Country Club Hills" extended 
southwardly; thence with the said extended line of Country Club Hills 
crossing Country Club Road, falling in with the West lines of lot No. 1 
and No. 8 through No. 49, Block No. 3832A (Country Club Hills, recorded 
in Plat Book 12, page 173) and continuing with the West line of lots No. 
23A through 14, Block 3831-2 (Country Club Hills) North 03 degrees 
03 minutes West, 2785.5 feet to a point, the Southwest corner of lot No. 14; 
thence with the West line of lot No. 14, North 15 degrees 06 minutes 
East 71.2 feet to a point the Northwest corner of lot No. 14; thence along 
the northern and eastern boundaries of Country Club Hills, the following 

28 



1965 — Session Laws Ch. 11 

four (4) courses; South 88 degrees 02 minutes East 372.77 feet to a con- 
crete monument; South 01 degrees 10 minutes East 377.52 feet to a stone; 
South 88 degrees 08 minutes East, 823.50 feet to a point and South 02 
degrees 24 minutes West, 598.6 feet to a point, the Northwest corner of 
lot No. 11, Block No. 3912 in the East line of lot No. 9, Block No. 3835D 
(Country Club Hills); thence with the North line of said lot No. 11, Block 
3912 South 86 degrees 51 minutes East 200.17 feet to a point, the Northeast 
corner of lot No. 11 in the South line of lot No. 13, Block 3912; thence 
with the East line of lots No. 11 through 8, South 02 degrees 39 minutes 
West, 584.80 feet to a point the southern corner of lots No. 8 and 6 in 
the Northern line of lot No. 5, Block 3912; thence along the northern line 
of lot No. 5, South 58 degrees 35 minutes East 239.1 feet to a point, said 
point being 200.0 feet Northwest of Country Club Road; thence on a line 
that is 200.0 feet North of and parallel with Country Club Road, the fol- 
lowing six (6) courses: North 29 degrees 37 minutes East, a chord 
distance of 230.54 feet; North 26 degrees 23 minutes East 572.38 feet; 
thence on a curve, a chord bearing and distance of North 40 degrees 35 
minutes East 587.14 feet; North 54 degrees 38 minutes East, 390.60 feet; 
thence along a curve, a chord bearing and distance of North 50 degrees 
25 minutes East 159.42 feet and thence North 44 degrees 30 minutes 
East 453.90 feet to an iron stake, said stake being 200.0 feet North of 
Country Club Road and 208.0 feet West of the center line of Monroe Street; 
thence on a line parallel with Monroe Street, North 02 degrees 14 minutes 
East, 990.36 feet to a point that is 208.0 feet West of the center line of 
Monroe Street and 150.0 feet South of Cavalier Drive (Apex Lane); thence 
on a line, 150.0 feet South of and parallel with Cavalier Drive, North 87 
degrees 24 minutes West, 649.93 feet to a point; thence North 01 degrees 
21 minutes East 210.0 feet to a point in the North line of Cavalier Drive 
extended westwardly; thence along the extended line of Cavalier Drive, 
South 87 degrees 24 minutes East 80.0 feet to a point, the Southwest 
corner of lot No. 16 "Shady Grove Devp.", recorded in Plat Book 16 page 
181; thence with the western boundary line of Shady Grove, falling in with 
the western line of lot No. 14, Block A and lots No. 1, No. 23 through 21 
"Longwood" Block B, and continuing, North 01 degrees 21 minutes East 
1548.48 feet to an iron stake, a corner in the West line of lot No. 20, 
Block B "Longwood" Devp., recorded in Plat Book 18 page 5; thence with 
the rear of lot No. 20, being also the center of Silas Creek, North 14 degrees 
36 minutes East 75.87 feet to a point a corner of lot No. 19 in Silas Creek; 
thence with the line of lot No. 19, North 18 degrees 47 minutes East, 231.16 
feet to a point, a corner of lot No. 18 in Silas Creek; thence with the line of 
lot No. 18, North 44 degrees 03 minutes East, 246.18 feet to a point, a 
corner of lot No. 17 in Silas Creek; thence with the western line of lot 
No. 17, Block "B" Longwood Devp., South 38 degrees 02 minutes East, 
249.91 feet to a point, a common corner between lots No. 9, 10, 17 and 18, 
Block B; thence along the North line of lot No. 10, North 61 degrees 53 
minutes East, 158.44 feet to a point, the Northwest corner of lot No. 11; 
thence with the North line of lot No. 11, North 81 degrees 43 minutes 
East, 158.44 feet to a point, the Northwest corner of lot No. 12; thence 

29 



Ch. 11 1965— Session Laws 

with the North line of Lot No. 12, South 86 degrees 21 minutes East, 
107.68 feet to a point, the Northwest corner of lot No. 13; thence with 
the North line of lot No. 13, South 86 degrees 10 minutes East, 105.55 
feet to an iron stake, the northern corner between lot No. 13, Block B, 
Longwood Devp. and Lot No. 7, Noah E. Brewer Devp., recorded in 
Plat Book 17 page 142; thence with the East line of lot No. 14 Longwood 
Devp., North 02 degrees 28 minutes East 133.57 feet to a point, the South- 
west corner of Sherwood Forest, Section No. 8A in the eastern line of 
said lot No. 14, thence with the western line of Sherwood Forest, Section 
No. 8A, recorded in Plat Book 21 page 7, Forsyth County Register of 
Deeds Office, falling in with the East line of lot No. 18, Sherwood Forest, 
Section No. 8B, recorded in Plat Book 22 page 1, crossing Will Scarlet 
Road and continuing with the East line of lot No. 1, Sherwood Forest, 
Section No. 8B, North 01 degrees 01 minutes East 1056.86 feet to a point 
in the South line of lot No. 4, Block "TT" Sherwood Forest, Section 8, re- 
corded in Plat Book 20, page 45; thence with the South line of said lot 
No. 4, North 87 degrees 00 minutes West 80.70 feet to a point, the South- 
west corner of said lot No. 4; thence with the West line of lot No. 4, 
crossing Kirklees Road and continuing with the West line of lots No. 
15 and 7, Block "RR" Sherwood Forest, Section No. 8, North 02 degrees 
30 minutes East, 620.53 feet to a point, a corner of lot No. 7; thence 
with the line of lot No. 7, falling in with the South line of lots No. 6 
thru No. 3 and lot No. 1, Block RR, crossing Friar Tuck Road and con- 
tinuing with the South line of lot No. 21, Block "KK", Sherwood Forest 
Section No. 8, North 87 degrees 25 minutes West 936.52 feet to a point, 
the Southwest corner of said lot No. 21; thence with the West line of lots 
No. 21 thru 17 and part of lot No. 16, Block "KK", North 01 degrees 
52 minutes East 672.20 feet to a point in the West line of said lot No. 16; 
thence with the South line of lots No. 60-B, 60C and 60D, Block 3414, 
North 86 degrees 50 minutes West 1377.80 feet to a point, the Southwest 
corner of lot No. 60D in the eastern line of Peace Haven Road; thence, 
crossing Peace Haven Road, South 84 degrees 41 minutes West 69.90 feet 
to a point, the Southeast corner of lot No. 16, Block 3414 in the western 
line of said Peace Haven Road; thence with the southern line of said lot 
No. 16, North 81 degrees 38 minutes West 150.6 feet to a point; thence 
crossing lot No. 16 and falling in with the West line of lot No. 15C, 
North 04 degrees 32 minutes East 360.0 feet to a point, the Northwest 
corner of lot No. 15C in the South line of an alley; thence crossing said 
alley, North 79 degrees 01 minutes East 61.9 feet to a point, the South- 
west corner of lot No. 11 in the North line of said alley; thence with the 
West line of lot No. 11, North 19 degrees 14 minutes East, 207.0 feet to 
a point, the Southwest corner of lot No. 10; thence with the West line 
of lot No. 10, North 19 degrees 12 minutes East, 107.0 feet to a point, the 
Northwest corner of lot No. 10; thence with the North line of said lot No. 
10, South 86 degrees 28 minutes East, 149.75 feet to a point, the Southwest 
corner of lot No. 9; thence with the West line of lot No. 9, North 52 
degrees 10 minutes East, 130.0 feet to a point, the Southwest corner of lot 
No. 8; thence with the West line of lots No. 8 and 7, North 28 degrees 

30 



1965 — Session Laws Ch. 11 

16 minutes East, 117.65 feet to a point; thence North 87 degrees 19 minutes 
West 20.57 feet to a point that is 200.0 feet North of and perpendicular to 
Peace Haven Road; thence on a line that is 200.0 feet North of and parallel 
with Peace Haven Road; North 47 degrees 15 minutes East, 1361.96 feet 
to a point in the South line of lot No. 52D; thence with the line of lot 
No. 52D, North 39 degrees 21 minutes West, 69.23 feet to a point; thence 
North 06 degrees 06 minutes West 112.80 feet to a point, the Southwest 
corner of lot No. 52C; thence with the West line of lot No. 52C North 02 
degrees 43 minutes East, 155.00 feet to a point, the Northwest corner of 
lot No. 52C; thence on a new line, crossing lot No. 52A and Mill Haven 
Road South 89 degrees 04 minutes East 295.42 feet to a point in the western 
line of lot No. 19, Sherwood Forest Annex (recorded in Plat Book 12, page 
204); thence with the said line of lot No. 19, being also the eastern line 
of Mill Haven Road, a long chord of North 16 degrees 05 minutes West, 
153.3 feet to a point, a corner of said lot No. 19; thence crossing Locksley 
Road, North 30 degrees 33 minutes West 141.08 feet to a point, a corner 
of Lot No. 18 in the northern line of Mill Haven Road; thence with the 
line of said lot No. 18 on a curve; a long chord of North 48 degrees 23 
minutes West 215.51 feet to a point, the Southwest corner of lot No. 18; 
thence with the western line of lot No. 18, North 02 degrees 49 minutes East 
22.2 feet to a point, the Northwest corner of said lot No. 18; thence along 
the North line of Sherwood Forest Annex (Plat Book 12, page 204) South 
87 degrees 10 minutes East, 1071.14 feet to an iron stake in the North 
line of lot No. 7, said point being 200.0 feet West of the Southwest corner 
of Forestdale, Section 1; thence along a line 200.0 feet West of and parallel 
with the West line of said Forestdale, North 05 degrees 46 minutes East 
1014.23 feet to a point; thence on a new line, North 05 degrees 27 minutes 
East 553.47 feet to an iron stake; thence South 87 degrees 48 minutes 
East 769.85 feet to a stone; thence South 84 degrees 08 minutes East 308.31 
feet to a stone; thence North 10 degrees 23 minutes East 537.86 feet to 
a stone; thence South 87 degrees 36 minutes East 100.0 feet thence on 
a new line North 03 degrees 09 minutes East 653.05 feet to a point 200.0 
feet South of and perpendicular to Robinhood Road; thence on a line 
200.0 feet South of and parallel with Robinhood Road, North 55 degrees 
56 minutes West 612.14 feet to a point in the West line of lot No. 55, Block 
3410, Forsyth County Tax Map; thence with the said lot line, North 20 
degrees 28 minutes East, 204.5 feet to a point in the southern line of 
Robinhood Road; thence crossing said road South 78 degrees 46 minutes 
East, 155.73 feet to a point in the northern line of Robinhood Road; said 
point being 200.0 feet Northwest of and perpendicular to Polo Road; 
thence on a line that is 200.0 feet North of and parallel with Polo Road, 
the following seven (7) courses: North 57 degrees 33 minutes East, 1212.0 
feet to a point, the P. C. of a curve; thence with the long chord of said 
curve, North 64 degrees 40 minutes East, 404.30 feet to the P. T. of said 
curve; thence North 71 degrees 47 minutes East, 339.90 feet to the P. C. 
of another curve; thence with the long chord of a curve, North 58 degrees 
42 minutes East, 149.12 feet to the P. T. of said curve; thence North 45 
degrees 37 minutes East, 243.0 feet to a point in the West line of the 

31 



Ch. 11 1965— Session Laws 

property of Mecklenburg Corporation; thence with the line of the said 
Mecklenburg Corporation, the following 11 (eleven) courses: North 39 
degrees 06 minutes West, 73.27 feet; North 38 degrees 43 minutes West, 
121.30 feet: North 00 degrees 48 minutes East, 69.27 feet: North 41 degrees 
23 minutes West, 130.00 feet: North 50 degrees 44 minutes East, 130.00 
feet: North 27 degrees 18 minutes East, 61.79 feet: South 52 degrees 30 
minutes East, 106.0 feet: North 25 degrees 25 minutes East, 124.77 feet: 
North 07 degrees 28 minutes East, 134.79 feet: North 04 degrees 38 
minutes West, 261.75 feet and South 88 degrees 01 minutes East, 395.20 
feet to a point that is 190.0 feet West of Petree Road; thence on a line 
that is 190.0 feet West of and parallel with Petree Road, North 02 degrees 
17 minutes East, 827.79 feet to a point in the center of Petree Road West; 
thence continuing across Petree Road West and falling in with the East 
line of lot No. 8, Block 3473, North 01 degrees 05 minutes East 177.60 feet 
to a point in the East line of said lot No. 8; thence South 87 degrees 43 
minutes East, 222.85 feet to a point, the Northwest corner of lot No. 20, 
Block No. 3474; thence with the North line of lot No. 20, South 87 degrees 
33 minutes East, 358.00 feet to a point the Northeast corner of lot No. 20; 
thence with the East line of lot No. 20 South 01 degrees 45 minutes West, 
121.50 feet to a point, the Southeast corner of said lot No. 20, Block No. 
3474 in the North line of lot No. 49, Block 1406 ("Knollwood", recorded 
in Plat Book 4, page 44); thence with the North line of said Knollwood 
Devp., South 87 degrees 33 minutes East, 1973.20 feet to a point, the 
Northeast corner of lot No. 95, Block 1404 (Knollwood) in the West line 
of lot No. 15, Block 1264 (Polo Acres recorded in Plat Book 8, page 176); 
thence with the western line of lots 15 through 25 and continuing, North 
03 degrees 01 minutes East, 500.0 feet to a point, the Southeast corner of 
lot No. 36, Block 1264 in the West line of lot No. 25, Block No. 1264; 
thence with the South line of lots No. 36 through 43 and the South line 
of lot No. 189, Block 1264 (Polo Acres) crossing Ketner Street, North 
88 degrees 13 minutes West 532.0 feet to a point in the East line of lot 
No. 10, Block 2317, Home Acres Devp. (recorded in Plat Book 11, page 
167); thence with the East line of lots No. 10 through 29, Block 2317 
crossing Euclid Lane and Redbud Street, North 03 degrees 21 minutes 
East 1067.50 feet to a point in the South line of lot No. 23, Block 3474; 
thence with the South line of lot No. 23 and falling in with the North 
line of lot No. 17, Block 3600 and the North line of lot No. 18, Block No. 
3601, North 87 degrees 19 minutes West, 809.40 feet to a point, the 
Northwest corner of lot No. 18, Block 3601 in the East line of lot No. 1, 
Block 2072 (Addition to Block "A", Forest Park recorded in Plat Book 8, 
page 107); thence with the East line of said lot No. 1, North 04 degrees 
51 minutes East, 197.70 feet to a point; thence, North 88 degrees 32 
minutes West, falling in with the South line of lots No. 27 and 28, Block 
3473, 1054.10 feet to a point, the Southwest corner of lot No. 28; thence 
with the West line of said lot No. 28, North 06 degrees 45 minutes East, 
208.50 feet to a point, the Southwest corner of lot No. 26, Block No. 3473; 
thence with the West line of lot No. 26, North 01 degrees 56 minutes 
East, 86.90 feet to a point, the Southeast corner of lot No. 19 "Lake-O- 

32 



1965— Session Laws Ch. 11 

The-Woods" Devp., (recorded in Plat Book 17, page 6); thence with the 
South line of lots 19 through 15 and 11 through 7, "Lake-O-The-Woods" 
North 86 degrees 16 minutes West, 1289.10 feet to a point, the Southwest 
corner of lot No. 7; thence with the West line of lot No. 7, North 07 
degrees 02 minutes East, 171.79 feet to a point, the Southeast corner of lot 
No. 2, Lake-O-The-Woods, Section 2 in the West line of lot No. 7, "Lake-O- 
The-Woods"; thence with the southern, the western and the northern 
boundary lines of Lake-O-The-Woods, Section 2: North 85 degrees 42 
minutes West 200.0 feet: North 07 degrees 02 minutes East 285 feet: North 
07 degrees 11 minutes East, 210.0 feet and South 85 degrees 26 minutes 
East 200.0 feet to the Northeast corner of lot No. 3, Lake-O-The-Woods, 
Section 2; thence South 07 degrees 23 minutes West, 30.0 feet to a point, 
the Northwest corner of lot No. 6; thence with the North line of lots No. 6 
through 3, Lake-O-The-Woods Devp., South 89 degrees 12 minutes East 
374.05 feet to a point in the North line of lot No. 3; said point being 200.0 
feet West of Powers Road; thence on a line that is 200.0 feet West of and 
parallel with Powers Road, North 05 degrees 43 minutes East, 590.12 
feet to a point; thence North 39 degrees 05 minutes East, 80.52 feet to 
a point in the South line of lot No. 4, Mrs. Hervey Jones Witherow Devp. 
(recorded in Plat Book 16, page 154); thence with the South line of lot 
No. 4 and continuing, South 86 degrees 43 minutes East 142.08 feet to a point, 
the Southeast corner of lot No. 4; thence with the eastern line of lot No. 4, 
being also the West line of lots 9, 8, 7 and 5, North 10 degrees 42 minutes 
East 416.56 feet to a point in the line between lots No. 4 and 5, Mrs. With- 
erow's Devp., said point being 200.0 feet southwardly of Ransom Road; 
thence on a line that is 200.0 feet South of and parallel with Ransom Road, 
South 72 degrees 05 minutes West, 196.91 feet to a point, the P. C. of a 
curve; thence on the long chord of said curve, South 78 degrees 50 minutes 
West, 371.86 feet to a point, the P. T. of said curve; thence, continuing on 
a line 200.0 feet South of and parallel with Ransom Road, South 85 degrees 
35 minutes West, 422.90 feet to a point in the eastern right of way at a 
Duke Power Co. Transmission Line; thence with the said right of way 
line, North 32 degrees 05 minutes East, 1230.93 feet and North 33 degrees 
03 minutes East, 1707.73 feet to a point, the intersection of the said right 
of way line and the southern line of Briarcliffe Road; thence crossing the 
said right of way line and falling in with the boundary lines of Town and 
Country Estates Annex, Section No. 1, North 89 degrees 48 minutes West, 
364.15 feet; North 87 degrees 12 minutes West 47.95 feet: South 04 
degrees 23 minutes West 332.78 feet: South 67 degrees 28 minutes West, 
652.38 feet: North 06 degrees 51 minutes West, 286.95 feet to a point in 
the southern line of Tangle Lane: North 35 degrees 20 minutes East, 
crossing Tangle Lane, 84.85 feet: North 09 degrees 40 minutes West, 
168.0 feet: North 86 degrees 20 minutes East, 178.0 feet: North 01 degrees 
20 minutes East, 148.0 feet to a point in the southern line of Briarcliffe 
Road: North 05 degrees 19 minutes, crossing Briarcliffe Road, 60.41 feet: 
North 01 degrees 20 minutes East, 249.63 feet: North 36 degrees 41 
minutes East, 675.15 feet: North 26 degrees 34 minutes East, 150.48 feet: 
North 36 degrees 35 minutes East, 126.57 feet: North 01 degrees 16 

33 



Ch. 11 1965— Session Laws 

minutes West, 118.0 feet: South 85 degrees 43 minutes West, 28.0 feet: 
North 01 degrees 16 minutes West, 380.07 feet to the South line of Valley 
View Road: with the South line of said Road, North 85 degrees 59 minutes 
East, 260.07 feet to the Northeast intersection of Valley View Road and 
Tangle Lane: South 01 degrees 16 minutes East, 212.57 feet: North 85 
degrees 33 minutes East 210.92 feet: North 85 degrees 19 minutes East, 
189.08 feet: North 85 degrees 52 minutes East, 150.0 feet: South 84 degrees 
22 minutes East, 149.41 feet and South 70 degrees 03 minutes East, 148.08 
feet to a point, the Northeast corner of lot No. 12 of Section 1, Town and 
Country Estates Annex in the western right of way line of Duke Power 
Co.; thence, crossing the said right of way line, South 58 degrees 54 
minutes East, 134.25 feet to a point that is 200.0 feet South of and per- 
pendicular to Reynolda Road; thence on a line 200.0 feet South of and 
parallel to Reynolda Road, the following six (6) courses: North 25 
degrees 47 minutes West 814.60 feet; North 28 degrees 53 minutes West 
83.38 feet; North 29 degrees 41 minutes West 181.13 feet; North 38 degrees 
11 minutes West 220.58 feet, North 44 degrees 11 minutes West 133.44 
feet and North 46 degrees 21 minutes West 227.90 feet to a point on the 
South bank of Mill Creek; thence with the South bank of said creek, the 
following twenty-three (23) courses: North 44 degrees 28 minutes East 
86.1 feet; North 25 degrees 02 minutes West 115.0 feet; North 00 degrees 
02 minutes West 86.0 feet; North 41 degrees 58 minutes East 90.0 feet; 
North 17 degrees 58 minutes East 150.0 feet; North 39 degrees 58 minutes 
East 100.0 feet; North 14 degrees 58 minutes East, 115.0 feet; North 23 
degrees 58 minutes East 150.0 feet; North 16 degrees 58 minutes East 
225.0 feet; North 51 degrees 28 minutes East 100.0 feet; North 38 degrees 
58 minutes East 200.0 feet; South 89 degrees 02 minutes East 165.0 feet; 
North 72 degrees 58 minutes East 170.0 feet; South 84 degrees 02 minutes 
East 165.0 feet; South 62 degrees 02 minutes East 142.0 feet; South 18 
degrees 58 minutes West 182.0 feet; South 67 degrees 02 minutes East 
215.0 feet; South 55 degrees 32 minutes East 250.0 feet; South 84 degrees 
02 minutes East 225.0 feet; South 57 degrees 02 minutes East 325.0 feet; 
North 86 degrees 58 minutes East 100.0 feet; South 70 degrees 02 minutes 
East 372.0 feet and North 23 degrees 28 minutes East 129.0 feet to an 
iron stake, the western corner between lots No. 18 and 19, Block No. 3460, 
Forsyth County Tax Map; thence with the line between lots No. 18 and 19, 
South 81 degrees 32 minutes East 415.12 feet to an iron stake, the eastern 
corner of lots No. 18 and 19 in the western line of Old Town Drive; thence, 
crossing Old Town Drive South 44 degrees 54 minutes East 80.74 feet to a 
point, the Southwest corner of lot No. 34, Block No. 3459 in the eastern 
line of Old Town Drive; thence with the southern line of said lot No. 34, 
South 82 degrees 27 minutes East 204.75 to a point that is 200.0 feet East 
of and perpendicular to Old Town Drive; thence on a line 200.0 feet East 
of and parallel with Old Town Drive, South 10 degrees 35 minutes East 
242.78 feet and South 12 degrees 05 minutes West 200.0 feet to a point in 
the northern line of lot No. 28, Block No. 3459; thence South 86 degrees 
05 minutes East 187.9 feet to a point, the East corner of lots No. 28 
and 29 in the West line of lot No. 27, Block 3459; thence with the West 

34 



1965 — Session Laws Ch. 11 

line of said lot No. 27, South 04 degrees 58 minutes West, 170.19 feet to 
a point; thence along the South boundary line of a 1.17 acre tract and 
along the South boundary line of a 2.46 acre tract of the Moravian Ceme- 
tery, South 86 degrees and 32 minutes East 509.64 feet to a point; thence 
along the East boundary line of Moravian Cemetery property North 03 
degrees and 22 minutes East 279.9 feet to a point; thence along the 
southern boundary line of Moravian Church property the three following 
courses and distances, South 53 degrees and 38 minutes East 220.50 feet, 
South 53 degrees and 40 minutes East 474.96 feet and South 53 degrees 
and 27 minutes East 234.21 feet to a point in the southerly line of the Old 
Plank Road; thence along the southerly line of said Old Plank Road North 
46 degrees and 48 minutes East 60 feet to a point in the center of creek, 
said point being also a corner of Bethabara Church property; thence along 
the center line of creek the three following courses and distances; South 
39 degrees and 09 minutes East 206.93 feet, South 53 degrees and 24 
minutes East 45.07 feet and South 12 degrees and 14 minutes East 56.08 
feet to a point; thence along the line of Dick Hine North 81 degrees and 
15 minutes West 170.82 feet to the corner of Dick Hine; thence along the 
West line of Dick Hine South 28 degrees and 06 minutes East 327.06 feet; 
thence continuing along the West line of Dick Hine South 15 degrees and 
18 minutes East 239.18 feet to a point a corner of Dick Hine and Ollie 
H. Nixon; running thence South 32 degrees and 16 minutes West 12.8 
feet to a point, being a corner of Ollie H. Nixon property; thence running 
South 10 degrees and 42 minutes East 622.64 feet along the boundary of 
Ollie H. Nixon Lot No. 19, L. W. Reich Lot No. 20 and to George M. Sara's 
Lot No. 21 to a point; running thence South 64 degrees and 21 minutes 
East 283.0 feet to a point in the westerly right of way line of Old Town 
Road; running thence along the westerly right of way line of Old Town 
Road South 41 degrees and 20 minutes West 164.65 feet to a point a 
corner of L. S. Thomasson; thence along Thomasson's line North 45 degrees 
and 06 minutes West 381.43 feet to a point Thomasson's corner; thence 
South 51 degrees and 51 minutes West 135.39 feet to a point Thomasson's 
corner in W. W. Cantrell's line; thence with Cantrell's line North 39 
degrees and 11 minutes West 276.44 feet to a point Cantrell's corner; 
thence along W. W. Cantrell and Delavan Smith's line South 32 degrees and 
21 minutes West 331.32 feet to Delavan Smith's corner; thence along 
said Delavan Smith's line South 32 degrees and 26 minutes East 548.48 
feet to a point in the northerly right of way line of Old Town Road; thence 
along the northerly right of way line of Old Town Road the following 
three courses and distances; South 54 degrees and 18 minutes West 114.93 
feet to a point, South 65 degrees and 40 minutes West 119.93 feet to a 
point and South 82 degrees and 47 minutes West 160.07 feet to a point, 
the Southeast corner of lot No. 10, Grandview Devp. in the northern line 
of Old Town Road; thence crossing Old Town Road and falling in with 
the eastern line of lots No. 70 through 67, Mrs. L. M. Hall Devp. (recorded 
in Plat Book 10, page 3 and Plat Book 14, page 57) South 15 degrees 
43 minutes East 336.24 feet to a point, a corner in the eastern line of 
lot No. 66; thence with the eastern line of lots No. 66 thru 52, South 24 

35 



Ch. 11 1965— Session Laws 

degrees 56 minutes West 209.0 feet to a point, the Southeast corner of lot 
No. 52; thence on a new line, South 16 degrees 51 minutes East 1090.0 
feet to a point in the East line of Green Crest Drive "Fern Forest" (re- 
corded in Plat Book 21, page 15); thence with the line of Green Crest 
Drive, South 11 degrees 29 minutes East, 82.56 feet and South 15 degrees 
00 minutes East, 31.10 feet to a point, the Northwest corner of lot No. 10; 
thence with the Northern line of lot No. 10, North 72 degrees 15 minutes 
East 161.85 feet to a point, the Northeast corner of lot No. 10; thence 
with the Eastern line of lots No. 10 thru 17 "Fern Forest" and crossing 
Fern Cliff Drive, South 25 degrees 03 minutes East 832.40 feet to a point; 
thence with the southern line of Fern Cliff Drive, South 37 degrees 28 
minutes West, 483.20 feet to a point, said point being 200.0 feet East of 
and perpendicular to Reynolda Road; thence on a line that is 200.0 feet 
East of and parallel with Reynolda Road, South 30 degrees 55 minutes 
East 224.3 feet to a point in the line between lots No. 10 and 11, Block 
3444; thence North 72 degrees 38 minutes East 760.01 feet to a point in 
the East line of lot No. 12, Block 3444, said point being also a corner be- 
tween lots No. IB and 3, Block 1863, Oak-Crest, (recorded in Plat Book 3, 
page 71); thence with the South line of lot No. 3, South 84 degrees 38 
minutes East, 776.09 feet to a point in the line between lots No. 3 and 2A, 
Block 1863, said point being 200.0 feet westwardly from Friendship Circle; 
thence North 29 degrees 02 minutes East 301.90 feet to a point in the 
line between lot No. 3, Block 1863 and lot No. 4-1, Block 1864, said point 
being also 200.0 feet northwestwardly of Friendship Circle; thence, through 
lots No. 4-1 and 4-2, Block 1864, lot No. 5-1, Block 1865 and crossing 
Fred's Road, North 53 degrees 32 minutes East, 554.21 feet to a point in 
the West line of lot No. 6-1, Block 1865, said point being also 200.0 feet 
northwardly from the Northeast intersection at Fred's Road and Friendship 
Circle; thence through lot No. 6-1, Block 1866, North 84 degrees 43 
minutes East 273.13 feet to a point, the Northeast corner of lot No. 6-1 in 
the West line of lot No. 7, Block 1866; thence crossing lot No. 7, South 
87 degrees 55 minutes East, 232.85 feet to a point in the West line of lot 
No. 2, Block 1867, said point being also 200.0 feet northwardly from Friend- 
ship Circle; thence with the West line of lots 2 through 11 and part of lot 
No. 12, Block 1867, North 08 degrees 31 minutes East, 1012.2 feet to a 
point in the West line of lot No. 12; thence with the northwestern line of 
lots No. 12 and 13, North 40 degrees 48 minutes East, 567.7 feet to a 
point, the northern corner of lot No. 13, Block 1867; thence with the north- 
eastern line of lot No. 13, Block 1867 and continuing with the northeastern 
line of lots No. 14 and 15, Block 1868, South 37 degrees 44 minutes East, 
1134.40 feet to a point, the eastern corner of lot No. 15; thence with 
the eastern line of lots No. 15 through 18, Block 1868, South 44 degrees 
18 minutes West, 407.2 feet to a point, a division corner of lots No. 18 
and 19, Block 1868 and lots No. 201 and 202, Block 1869; thence South 63 
degrees 43 minutes East 514.48 feet to a point, the northern corner of 
lots No. 1 and 2, Block 2286, "C. B. and Bertha Whicker Devp." (recorded 
in Plat Book 8, page 199, Plat Book 9, page 112, Plat Book 9, page 199); 
thence with the North line of lots No. 2 through 8, Block 2286, North 

36 



1965 — Session Laws Ch. 11 

82 degrees 45 minutes East 1059.74 feet to a point, the Northwest corner 
of lot No. 9; thence with the North line of lot No. 9, Block 2286, ("C. B. 
and Bertha Whicker") North 70 degrees 28 minutes East, 71.98 feet 
to a point in the North line of lot No. 9 that is 200.0 feet West of 
Bethabara Road; thence on a line 200.0 feet West of and parallel with 
Bethabara Road, the following eleven (11) courses; North 35 degrees 03 
minutes West, 530.47 feet; North 31 degrees 33 minutes West, 171.10 feet; 
North 25 degrees 26 minutes West, 163.35 feet; North 21 degrees 40 
minutes West 311.03 feet; North 23 degrees 27 minutes West, 87.20 feet; 
North 21 degrees 52 minutes West, 83.18 feet; North 31 degrees 53 
minutes West 79.77 feet; North 36 degrees 19 minutes West, 99.28 feet; 
North 46 degrees 50 minutes West, 100.0 feet; North 50 degrees 14 minutes 
West 100.0 feet and North 51 degrees 23 minutes West 100.0 feet; thence 
North 38 degrees 13 minutes East 200.0 feet to a point in the West line 
of Bethabara Road; thence crossing Bethabara Road, North 29 degrees 
00 minutes East 61.60 feet to a point, the western corner of lot No. 45 
"Wakeview, Section 2" (recorded in Plat Book 18, page 158) in the eastern 
line of Bethabara Road; thence with the northwestern line of lots No. 
45 and 44, North 38 degrees 00 minutes East, 406.52 feet to a point, the 
Northwest corner of lot No. 43; thence with the North line of lots No. 
43, 42, 41, 39, crossing Waycross Drive and continuing with the North 
line of lot No. 38, North 89 degrees 32 minutes East, 906.17 feet to a point, 
the Northeast corner of lot No. 38; thence with the East line of lots 38, 
37, crossing Kress Drive and falling in with the East line of lots No. 26, 
25, and 24, South 00 degrees 28 minutes East 576.05 feet to a point, a 
corner of lot No. 24; thence with the northeastern line of lot No. 24, 
"Wakeview, Section 2" North 89 degrees 08 minutes East 287.4 feet to 
a point, the Northwest corner of Block 3445 "Brookwood" (recorded in 
Plat Book 12, page 102) thence with the North line of lot No. 45, Block 
3445, South 87 degrees 46 minutes East, 603.00 feet to a point, the 
Northeast corner of lot No. 45; thence with the East line of lots No. 45 
and 35 through 32, South 03 degrees 01 minutes East 858.0 feet to a 
point, the Southeast corner of lot No. 32 in the North line of lot No. 30; 
thence with the North line of lots No. 30, 31 and 46 South 89 degrees 56 
minutes East, 303.85 feet to a point, the Northeast corner of lot No. 46 
"Brookwood" in the West line of lot No. 26, "Brookwood Addition, Section 
2" (recorded in Plat Book 18, page 57); thence with the West line of said 
lot No. 26, North 02 degrees 07 minutes West, 54.85 feet to a point, the 
Northwest corner of lot No. 26; thence with the North line of lots No. 26 
and 27, South 89 degrees 31 minutes East, 306.4 feet to a point, the North- 
east corner of lot No. 27 in the West line of Minorcas Road; thence crossing 
Minorcas Road, North 88 degrees 44 minutes East, 59.90 feet to a point, 
the Northwest corner of lot No. 35, Block 3442 in the East line of Minorcas 
Road; thence with the North line of lots No. 35 and 36, North 86 degrees 
06 minutes East 393.69 feet to a point, the Northeast corner of lot No. 36 
in the West line of Del-Monte Drive; thence, crossing Del-Monte Drive, 
North 59 degrees 42 minutes East 69.0 feet to a point, the Northwest 
corner of lot No. 37, Block 3442, in the East line of Del-Monte Drive; 

37 



Ch. 11 1965— Session Laws 

thence with the North line of lot No. 37, North 87 degrees 36 minutes 
East 226.85 feet to a point, the Northeast corner of said lot No. 37; thence 
on a line 160.0 feet North of and parallel with the North line of lots No. 54 
through 37, Block 2076 "Daltonia" (recorded in Plat Book 9, page 116) 
North 88 degrees 46 minutes East 858.73 feet to a point that is 200.0 feet 
West of Cherry Street; thence on a line 200.0 feet West of and parallel 
with Cherry Street, North 05 degrees 05 minutes West 250.05 feet to a 
point; thence North 83 degrees 12 minutes East, 1261.87 feet to a point, 
the Southwest corner of lot No. 15, Block 1948 "Alspaugh" (recorded in 
Plat Book 4, page 111); thence with the West line of lot No. 15, crossing 
Craft St. and continuing with the West line of lot No. 16, North 02 degrees 
10 minutes East, 269.62 feet to a point, the Northwest corner of lot No. 
16; thence with the North line of lots No. 16 through 27, Block 1948, 
North 83 degrees 35 minutes East, 747.0 feet to a point, the Northeast 
corner of lot No. 27 in the West line of lot No. 28; thence with the line 
of lot No. 28, North 01 degrees 35 minutes East, 35.99 feet to a point, 
the Northwest corner of lot No. 28 in the western right of way line of 
the Southern Railroad; thence with the eastern line of lots No. 28, 29 
and 30, South 60 degrees 06 minutes East 205.6 feet to a point, a corner 
between lots No. 30 and 31; in the western right of way line of the Southern 
Railway Co.; thence with the eastern line of lots No. 31 thru 34 and con- 
tinuing with the said western right of way line, the following eight (8) 
courses; South 60 degrees 06 minutes East 274.69 feet; South 59 degrees 
29 minutes East, 98.79 feet; South 57 degrees 57 minutes East 98.47 feet; 
South 56 degrees 05 minutes East, 98.23 feet; South 53 degrees 59 minutes 
East, 98.26 feet; South 52 degrees 06 minutes East, 98.30 feet; South 
50 degrees 06 minutes East, 98.80 feet and South 48 degrees 13 minutes 
East 98.34 feet to a point, a concrete monument in the western right of 
way line of the Southern Railway; thence on new lines, the following nine 
(9) courses: South 56 degrees 17 minutes West 348.60 feet; South 00 
degrees 17 minutes West 97.95 feet; South 88 degrees 39 minutes East 57.12 
feet; South 01 degrees 22 minutes West 1,147.90 feet; South 69 degrees 
47 minutes West 49.75 feet; South 00 degrees 29 minutes West 806.0 feet; 
South 86 degrees 44 minutes East 202.15 feet; South 01 degrees 08 minutes 
West 474.65 feet and North 89 degrees 25 minutes West 672.87 feet to a 
point; thence South 01 degrees 59 minutes West, 795.88 feet to a point in 
the South line of 33rd Street; thence with the South line of 33rd Street, 
the three (3) following courses: North 88 degrees 31 minutes East, 390.4 
feet: North 89 degrees 55 minutes East, 1,334.1 feet and South 89 degrees 
28 minutes East, 53.1 feet; thence North 35 degrees 50 minutes East 
847.10 feet; South 42 degrees 08 minutes East, 683.70 feet; South 88 
degrees 04 minutes East, 111.37 feet; North 72 degrees 19 minutes East, 
139.54 feet; thence North 47 degrees 55 minutes East 281.20 feet to a point 
in the West right of way line of the Southern Railway; thence North 28 
degrees 35 minutes West, 27.7 feet to a point in the said western right of 
way line; thence North 50 degrees 18 minutes East, 100.0 feet to a point 
in the eastern right of way line of said railway; running thence with the 
said right of way line, the following eleven (11) courses: North 36 degrees 

38 



1965 — Session Laws Ch. 11 

42 minutes West, 264.0 feet; North 34 degrees 55 minutes West, 2217.2 
feet; North 39 degrees 04 minutes West, 498.98 feet; North 50 degrees 
13 minutes West, 624.5 feet; North 57 degrees 58 minutes West, 184.77 
feet; North 59 degrees 27 minutes West 2157.31 feet; North 55 degrees 
13 minutes West, 527.47 feet; North 48 degrees 53 minutes West, 94.6 
feet; North 45 degrees 40 minutes West, 208.59 feet; North 41 degrees 01 
minutes West, 286.6 feet and North 39 degrees 21 minutes West, 621.54 
feet to an iron stake, a corner in the West line of lot No. 3, Block No. 3442; 
thence on a new line through lot No. 3 North 60 degrees 53 minutes East 
296.34 feet and North 01 degrees 08 minutes East, 468.39 feet to a point 
in the North line of said lot No. 3; thence with the said North line of lot 
No. 3, South 88 degrees 12 minutes East, 377.59 feet to a point in the West 
line of Indiana Avenue, said point being also the Northeast corner of lot No. 
3, Block 3442; thence crossing Indiana Avenue and continuing North 75 
degrees 14 minutes East, 156.33 feet to a point that is 200.0 feet West 
of Cherry Street Extension; thence on a line 200.0 feet West of and parallel 
with said Cherry Street, North 13 degrees 14 minutes East, 569.7 feet to 
a point in the North line of lot No. 201, Block 2258, said point being also 
in the South line of lot No. 5W, "G. M. Childress Devp." (recorded in Plat 
Book 6, page 157); thence with the South line of lots 5W through 9W, 
North 85 degrees 13 minutes West 247.04 feet to an old iron stake, the 
southwest corner of lot No. 9W, Block 2258; thence with the West line of 
lot No. 9W, crossing Childress Street, falling in with the West line of 
lot No. 10C and continuing with the West line of lot No. 210, Block 2258, 
North 03 degrees 12 minutes East, 575.3 feet to an old iron stake, the 
southeast corner of lot No. 302C in the West line of lot No. 210, Block 
2258; thence with the eastern line of lots No. 302C, 302B, 302A, and 301, 
said line being also the western line of lots 210, 207, 208, and 209, Block 
2258, North 37 degrees 39 minutes West, 353.21 feet to an old iron stake, the 
northwest corner of lot No. 209 in the South line of lot No. 11F; thence 
with the South line of lot No. 11F, North 88 degrees 12 minutes East, 
146.85 feet to a point that is 200.0 feet West of and perpendicular to 
Cherry Street Ext.; thence on a line 200.0 feet West of and parallel with 
Cherry Street Ext., the following five (5) courses: North 40 degrees 33 
minutes West, 1472.78 feet to a point, the P. C. of a curve; thence with 
the long chord of said curve, North 41 degrees 38 minutes West, 114.02 
feet to a point, the P. T. of said curve; thence North 42 degrees 24 
minutes West, 2715.33 feet to a point, the P. C. of a curve; thence with 
the long chord of said curve, North 23 degrees 25 minutes West, 718.73 
feet to a point, the P. T. of said curve; thence on a line 200.0 feet West 
of and parallel to Cherry Street and continuing across Shattalon Drive, 
North 06 degrees 30 minutes West, 1980.6 feet to an iron stake; thence 
crossing Cherry Street Ext. and falling in with the northern line of lot 
No. 1, No. 6 thru 12 and No. 29, John Caudle Property, recorded in Plat 
Book 7, page 91, South 86 degrees 34 minutes East 1074.27 feet to a point, 
the northeast corner of lot No. 29 in the western line of an unnamed 
street; thence, crossing said street North 32 degrees 56 minutes East 
82.29 feet to a point, the northwest corner of lot No. 13 in the eastern 

39 



Ch. 11 1965— Session Laws 

line of said street; thence with the northern line of lots 13 thru 28, John 
Caudle Property, North 72 degrees 16 minutes East 901.24 feet to a point, 
the northeast corner of lot No. 28, said point being also a corner of 
lot No. 1, Block 3447; thence North 65 degrees 47 minutes East 257.30 
feet to a point, another corner of lot No. 1; thence, crossing lots No. 1, 2, 
3D, 3C and 4C, Block 3447, North 57 degrees 43 minutes East 394.80 
feet to a point, the northeast corner of lot No. 4C in the western line of 
Dogwood Drive; thence North 67 degrees 34 minutes East 64.35 feet to an 
iron stake, the northwest corner of lot No. 34 in the eastern line of said 
Dogwood Drive; thence with the northern line of lots No. 34 and 35, 
North 89 degrees 16 minutes East 225.38 feet to an iron stake, the eastern 
corner between lots No. 33 and 35; thence with the line between lot No. 
33, Block No. 3447 and lot No. 11C, Block No. 3446, North 00 degrees 
48 minutes West 20.00 feet to a point that is 200.0 feet North of Oak 
Summit Road; thence on a line that is 200.0 feet North of and parallel with 
Oak Summit Road, with the long chord of a curve, South 86 degrees 22 
minutes East 431.41 feet to a point the P. T. of said curve; thence, con- 
tinuing on a line that is 200.0 feet North of and crossing U. S. Highway- 
No. 52, South 82 degrees 16 minutes East 759.76 feet to a point 200.0 feet 
North of Oak Summit Road and 200.0 feet northeastwardly of the eastern 
right of way line of said U. S. No. 52; thence on a line 200.0 feet East of 
and parallel to the said right of way line, the following seven (7) courses: 
South 29 degrees 27 minutes East 724.41 feet; South 27 degrees 03 minutes 
East, crossing Germanton Road, 1897.93 feet; South 24 degrees 59 minutes 
East 779.0 feet to a point, the P. C. of a curve; thence with the long chord 
of said curve, South 32 degrees 14 minutes East 868.5 feet to the P. T. of 
said curve; thence South 38 degrees 21 minutes East 765.3 feet to the P. C. 
of a curve; thence with the long chord of said curve, South 31 degrees 
55 minutes East, 849.9 feet to the P. T. of said curve and thence South 
25 degrees 29 minutes East 608.7 feet to a point; thence crossing Jenkins 
Road and falling in with the North line of lot No. 1, Block 2997, South 
84 degrees 55 minutes East, 394.7 feet to a point 200.0 feet East of Jenkins 
Road; thence on a line 200.0 feet East of and parallel with Jenkins Road, 
South 01 degrees 33 minutes West, 527.1 feet to a point in the North 
line of lot No. 33, Block 2985; thence with the North line of lots No. 33 
and 32, Block 2985, South 84 degrees 55 minutes East, 702.1 feet to an 
iron stake, the northeast corner of lot No. 32, Block 2985; thence on a 
new line, North 78 degrees 00 minutes East, 318.3 feet to an iron stake, 
said iron stake being 200.0 feet North of Motor Road; thence on a line 
200.0 feet North of and parallel with Motor Road, the following three (3) 
courses; North 74 degrees 18 minutes East, 671.10 feet to the P. C. of a 
curve; thence with the long chord of said curve, North 81 degrees 59 
minutes East, 367.81 feet to a point, the P. T. of said curve; thence North 
89 degrees 40 minutes East, 1975.9 feet to a point that is 200.0 feet 
North of Motor Road and also 200.0 feet West of Ogburn Avenue; thence 
on a line 200.0 feet West of and parallel with Ogburn Avenue, North 01 
degrees 16 minutes West, 1521.0 feet to a point in the South line of Dawson 
Street; thence, crossing Dawson Street, North 34 degrees 17 minutes 

40 



1965 — Session Laws Ch. 11 

East, 50.75 feet to a point, the southwest corner of lot No. 1, Block 2998; 
thence with the West line of said lot No. 1, North 16 degrees 38 minutes 
West, 322.4 feet to a point the northwest corner of lot No. 1 in the South 
line of Oak Summit Road; thence crossing Oak Summit Road, North 14 
degrees 55 minutes West 44.0 feet to a point, the southeast corner of lot 
27, Block 2998 in the North line of Oak Summit Road; thence with the 
East line of said lot No. 27, North 20 degrees 29 minutes West 160.3 feet 
to a stone, the northeast corner of said lot No. 27; thence on a new line 
through lot No. 39, North 53 degrees 12 minutes East, 571.1 feet to a 
point, the northern corner of lot No. 31, Block 2998 in the West line of 
Old Rural Hall Road; thence crossing the Old Rural Hall Road, North 81 
degrees 05 minutes East, 73.63 feet to a point, the northwest corner of 
lot No. 32, Block 2998 in the East line of the Old Rural Hall Road; thence 
with the North line of said lot No. 32 and continuing with the North 
line of lot No. 38, North 57 degrees 45 minutes East, 220.2 feet to a point 
in the North line of said lot No. 38, said point being 200 feet West of 
and perpendicular to Pine View Drive (Chicken Farm Road); thence on 
a line 200.0 feet West of and parallel with Pine View Drive, North 16 
degrees 58 minutes East, 385.65 feet to a point; North 36 degrees 10 
minutes East, 125.45 feet to a point, the P. C. of a curve; thence with 
the long chord of said curve, North 34 degrees 06 minutes East, 333.8 feet 
to the P. T. of said curve, said P. T. being also 200.0 feet West of Pine 
View Drive; thence South 57 degrees 58 minutes East, 200.0 feet to a 
point in the West line of Pine View Drive; thence, crossing Pine View 
Drive, North 82 degrees 10 minutes East, 78.30 feet to a point in the East 
line of Pine View Drive, said point being also 200.0 feet North of Cook 
Street; thence on a line 200.0 feet North of and parallel with Cook Street, 
South 86 degrees 40 minutes East, 934.8 feet to a point in the West line 
of lots No. 1 thru 12, Block 2069 (Pleasant View, Section 2) extended 
northwardly; thence with the said extended line, South 06 degrees 26 
minutes West, 326.6 feet to a point, the northwest corner of lot No. 12, 
Block 2069; thence with the North line of lots 12, 13 and 14, Block 2069 
(Pleasant View, Section 2) South 89 degrees 16 minutes East, 337.0 feet 
to a point, the northwest corner of lot No. 19, Block 2070, (Pleasant View, 
Section 3) thence with the North line of lots No. 19 thru 28 and continuing, 
North 60 degrees 07 minutes East, 902.7 feet to a point in the North line 
of lot No. 29; thence with the North line of said lot No. 29 and part of 
lot No. 30, North 87 degrees 10 minutes East, 134.4 feet to a point in 
the North line of said lot No. 30; thence with the North line of lots No. 30 
thru 33, and continuing, South 86 degrees 48 minutes East, 280.4 feet 
to a point; thence North 04 degrees 04 minutes East 10.0 feet; thence 
South 85 degrees 05 minutes East, 329.5 feet to a point in the West line 
of Baux Mountain Road; thence crossing Baux Mountain Road, North 15 
degrees 15 minutes East, 164.28 feet to a point, the northwest corner of 
lot No. 4, Block 2215, (W. H. Cox Devp. recorded in Plat Book 6, page 78) 
in the East line of Baux Mountain Road; thence with the North line of 
said lot No. 4, South 84 degrees 31 minutes East, 205.65 feet to a point 
in the said North line of lot No. 4 said point being 200.0 feet East of 

41 



Ch. 11 1965— Session Laws 

and perpendicular to the East line of Baux Mountain Road; thence on a 
line that is 200.0 feet East of and parallel with said Baux Mountain 
Road, the following eight (8) courses: South 06 degrees 43 minutes East, 
194.51 feet; South 05 degrees 09 minutes East, 314.9 feet to a point, the 
P. C. of a curve; thence with the long chord of said curve, South 07 degrees 
22 minutes West, 646.37 feet to the P. R. C. of another curve; thence with 
the long chord of curve, South 19 degrees 53 minutes West 114.5 feet 
to the P. R. C. of another curve; thence with the long chord of said curve, 
South 13 degrees 58 minutes West, 278.6 feet to a point, the P. T. of 
curve; thence South 08 degrees 03 minutes West 351.7 feet; thence with 
the long chord of another curve, South 21 degrees 48 minutes West, 842.5 
feet; and South 46 degrees 44 minutes West 183.1 feet to a point in the 
East line of Block No. 3003; thence with the said line of Block 3003, 
South 09 degrees 31 minutes West, 320.9 feet to a point, the southeast 
corner of Block 3003 in the North line of lot No. 11, Block 2231 (R. M. 
Cox Devp. recorded in Plat Book 11, page 37); thence with the North 
line of lots No. 11 thru 17, South 81 degrees 14 minutes East, 330.8 feet 
to an iron stake, the northeast corner of lot No. 17; thence with the East 
line of lot No. 17, crossing Wentworth Road and falling in with the East 
line of lot No. 18, Block 2231, South 07 degrees 48 minutes West, 330.0 
feet to a point, the southeast corner of lot No. 18; thence with the South 
line of lots No. 18 thru 31, Block 2231, North 81 degrees 49 minutes 
West, 708.7 feet too a point in the South line of lot No. 32, said point 
being also the northeast corner of lot No. 69, Block 2230 (R. M. Cox 
Devp. recorded in Plat Book 3, page 61 A); thence with the East line 
of said Block 2230, South 04 degrees 39 minutes West 928.9 feet to a point 
in the North line of Block 2328 (Opportunity Devp., recorded in Plat 
Book 12, page 31); thence with the North line of said Block 2328, South 
85 degrees 21 minutes East 307.0 feet and South 86 degrees 21 minutes 
East, 192.1 feet to a point the northeast corner of lot No. 52, Block 2328; 
thence with the East line of said Block 2328 and continuing with the West 
line of Block 2240 (Renigar Estate Devp. recorded in Plat Book 7, page 
81) South 01 degrees 46 minutes West, 927.4 feet to a point in the West line 
of lot No. 105, Block 2240; thence on a new line through lot No. 105, 
crossing Stowe Street and falling in with the North line of lot No. 62, 
South 83 degrees 31 minutes East 322.8 feet to a point, the northeast 
corner of lot No. 62 in the West line of lot No. 68; thence on a new 
line through lot No. 68, North 89 degrees 39 minutes East, 179.8 feet 
to a point, the northwest corner of lot No. 40, Block 2240; thence with 
the North line of lot No. 40, crossing Renigar Street and falling in with 
the North line of lot No. 50, South 87 degrees 21 minutes East, 428.0 feet 
to a point, the northeast corner of lot No. 50, Block 2240; thence with the 
East line of Block 2240, South 02 degrees 39 minutes West 625.5 feet 
to a point 220.0 feet North of the right of way of the Old Walkertown 
Road; thence on a line 200.0 feet North of and parallel to said right of 
way the following sixteen (16) courses: North 79 degrees 34 minutes 
East 338.88 feet to a point, the P. C. of a curve; thence with the sub- 
chords of said curve, North 77 degrees 14 minutes East 100.0 feet; North 

42 



1965— Session Laws Ch. 11 

72 degrees 33 minutes East 100.0 feet; North 67 degrees 52 minutes 
East 100.0 feet; North 63 degrees 11 minutes East 100.0 feet; North 58 
degrees 30 minutes East 100.0 feet and North 55 degrees 40 minutes 
East 21.0 feet to the P. T. of said curve; North 55 degrees 10 minutes 
East 1123.32 feet to the P. C. of another curve; thence with said curve 
North 54 degrees 01 minutes East 100.0 feet; North 52 degrees 32 minutes 
East 21.26 feet to the P. T. of said curve; North 52 degrees 12 minutes 
East 357.40 feet to the P. C. of another curve; thence with the sub-chords 
of said, curve, North 53 degrees 55 minutes East 100.0 feet; North 57 
degrees 21 minutes East 100.0 feet; North 60 degrees 47 minutes East, 
100.0 feet; North 63 degrees 25 minutes East 52.92 feet to the P. T. of 
said curve; thence North 64 degrees 19 minutes East, 743.23 feet to a point 
in the western line of Monte Vista Street, said point being also 200.0 feet 
North of and perpendicular to the Old Walkertown Road; thence with 
the western line of Monte Vista Street, crossing the Old Walkertown Road 
and the Norfolk and Western Railroad right of way, South 05 degrees 

07 minutes West, 326.49 feet to a point in the southern right of way 
of said Railroad; thence with the said right of way line North 64 degrees 
25 minutes East 451.18 feet to a point in the said right of way line; 
thence, crossing Doris Street and falling, in with the East line of lots 
No. 25 thru 54, Pilot View Devp. (recorded in Plat Book 3 page 24A) 
South 13 degrees 29 minutes East 1010.61 feet to a point, the southeast 
corner of lot No. 54; thence with the South line of Pilot View Devp., 
North 83 degrees 23 minutes West, 795.15 feet to a point in Brushy Fork 
Branch; thence with the western bank of Brushy Fork Branch, the fol- 
lowing one hundred twenty-eight (128) courses: South 12 degrees 44 
minutes East, 126.45 feet, South 48 degrees 00 minutes West, 70.82 
feet; South 28 degrees 39 minutes West, 80.03 feet; South 19 degrees 00 
minutes East, 69.90 feet; South 34 degrees 18 minutes West, 59.55 feet; 
South 20 degrees 18 minutes East, 168.63 feet; South 85 degrees 48 
minutes East, 45.31 feet; South 23 degrees 08 minutes East, 111.55 feet; 
South 04 degrees 48 minutes East, 123.30 feet; South 10 degrees 06 
minutes East, 90.40 feet; South 34 degrees 46 minutes East, 97.00 feet; 
South 08 degrees 40 minutes West, 285.80 feet; South 24 degrees 34 
minutes West, 156.75 feet; South 18 degrees 04 minutes West, 128.68 
feet; South 13 degrees 53 minutes West, 88.69 feet; South 01 degrees 
41 minutes East, 150.74 feet; South 04 degrees 38 minutes West, 69.10 
feet; South 33 degrees 33 minutes East, 92.09 feet; South 45 degrees 49 
minutes East 81.81 feet; South 36 degrees 58 minutes East, 221.98 feet; 
South 24 degrees 57 minutes East, 80.21 feet; South 02 degrees 23 minutes 
West 93.47 feet; South 41 degrees 54 minutes West 58.88 feet; South 
16 degrees 54 minutes West, 119.98 feet; South 04 degrees 01 minutes 
East 96.72 feet; South 23 degrees 36 minutes West, 97.20 feet; South 
67 degrees 32 minutes West, 107.09 feet; South 48 degrees 12 minutes 
West, 97.02 feet; South 04 'degrees 27 minutes West, 89.80 feet; South 
24 degrees 41 minutes West, 123.70 feet; South 06 degrees 14 minutes 
East 122.09 feet; South 16 degrees 45 minutes East, 131.13 feet; South 

08 degrees 06 minutes East, 102.70 feet; South 35 degrees 28 minutes 

43 



Ch. 11 1965 — Session Laws 

West, 85.0 feet; South 04 degrees 15 minutes West, 114.96 feet; South 
34 degrees 35 minutes West, 132.67 feet; South 80 degrees 57 minutes 
West, 96.55 feet; South 35 degrees 16 minutes West, 66.15 feet; South 
43 degrees 34 minutes West, 63.35 feet; South 10 degrees 49 minutes 
East 145.45 feet; South 01 degrees 38 minutes East, 94.10 feet; South 26 
degrees 21 minutes West 62.90 feet; South 30 degrees 17 minutes East, 
91.05 feet; South 25 degrees 37 minutes East, 154.90 feet; South 61 
degrees 10 minutes East, 37.95 feet; South 31 degrees 14 minutes East, 
48.80 feet; South 34 degrees 28 minutes West, 66.20 feet; South 04 degrees 
12 minutes West, 138.25 feet; South 13 degrees 30 minutes West, 148.65 
feet; South 14 degrees 20 minutes East, 101.45 feet; South 09 degrees 
33 minutes West, 96.10 feet; South 05 degrees 19 minutes East, 205.20 
feet; South 17 degrees 55 minutes East, 71.45 feet; South 09 degrees 
37 minutes West, 88.20 feet; South 32 degrees 28 minutes West, 173.10 
feet; South 11 degrees 57 minutes West, 71.80 feet; South 23 degrees 39 
minutes West, 37.00 feet; South 42 degrees 57 minutes East, 39.35 feet; 
South 10 degrees 52 minutes West, 70.75 feet; South 21 degrees 31 minutes 
West, 115.45 feet; South 15 degrees 12 minutes West, 84.04 feet; South 
36 degrees 35 minutes West, 81.20 feet; South 50 degrees 17 minutes 
West, 75.80 feet; South 64 degrees 02 minutes West, 40.20 feet; South 
60 degrees 38 minutes East, 65.18 feet; South 85 degrees 12 minutes 
East, 72.30 feet; South 65 degrees 32 minutes East, 72.13 feet; South 89 
degrees 08 minutes West, 67.30 feet; South 73 degrees 15 minutes East, 
109.00 feet; South 71 degrees 36 minutes West, 54.15 feet; South 36 degrees 
00 minutes East, 91.60 feet; South 86 degrees 44 minutes West, 48.50 feet; 
South 64 degrees 37 minutes West, 33.75 feet; South 82 degrees 35 
minutes East, 163.10 feet; South 57 degrees 00 minutes East, 86.03 feet; 
South 73 degrees 22 minutes East, 140.28 feet; South 70 degrees 02 
minutes East 133.93 feet; South 69 degrees 41 minutes East, 117.92 
feet; South 77 degrees 28 minutes East 169.50 feet; South 69 degrees 
32 minutes East, 104.55 feet; South 13 degrees 53 minutes East, 72.74 
feet; South 56 degrees 15 minutes East, 61.67 feet; South 58 degrees 49 
minutes West, 91.11 feet; South 43 degrees 59 minutes East, 105.15 feet; 
South 47 degrees 18 minutes East, 144.51 feet; South 84 degrees 42 minutes 
West 100.01 feet; South 72 degrees 01 minutes West, 49.33 feet; South 
52 degrees 59 minutes East 45.09 feet; South 41 degrees 24 minutes East, 
92.73 feet; South 65 degrees 15 minutes East 80.55 feet; South 82 degrees 
08 minutes West 57.00 feet; South 63 degrees 26 minutes West, 81.72 feet; 
South 76 degrees 12 minutes East, 110.60 feet; South 61 degrees 44 
minutes West, 94.94 feet; South 85 degrees 58 minutes West, 85.18 feet; 
South 13 degrees 00 minutes West, 73.0 feet; South 54 degrees 49 minutes 
West, 58.94 feet; South 38 degrees 22 minutes West, 105.85 feet; South 
14 degrees 32 minutes West, 79.40 feet; South 62 degrees 40 minutes 
West, 95.90 feet; South 80 degrees 05 minutes East, 142.91 feet; South 
68 degrees 59 minutes West, 51.43 feet; South 73 degrees 46 minutes 
East, 73.25 feet; South 79 degrees 19 minutes East, 148.0 feet; South 
02 degrees 32 minutes East, 66.87 feet; South 83 degrees 36 minutes 
East, 47.55 feet; South 50 degrees 43 minutes East, 40.15 feet; South 

44 



1965 — Session Laws Ch. 11 

70 degrees 03 minutes West, 32.15 feet; South 85 degrees 17 minutes East, 
48.66 feet; South 52 degrees 46 minutes East, 36.80 feet; South 36 degrees 
59 minutes East, 32.34 feet; South 49 degrees 57 minutes West, 36.35 
feet; South 84 degrees 50 minutes West, 56.56 feet; South 13 degrees 
36 minutes West, 37.46 feet; South 71 degrees 41 minutes West, 34.84 
feet; South 82 degrees 54 minutes West, 89.70 feet; South 52 degrees 03 
minutes East, 155.70 feet; South 67 degrees 57 minutes West, 27.77 feet; 
South 59 degrees 51 minutes East, 43.71 feet; South 16 degrees 23 minutes 
East, '76.8 feet; South 06 degrees 38 minutes East, 123.57 feet; South 
22 degrees 14 minutes East, 36.21 feet; South 29 degrees 08 minutes West, 
79.44 feet; South 12 degrees 15 minutes West, 157.92 feet; North 82 
degrees 04 minutes East 66.82 feet; South 11 degrees 16 minutes East, 
59.91 feet; South 28 degrees 14 minutes East 74.16 feet; North 84 degrees 
45 minutes East, 34.62 feet and South 09 degrees 17 minutes East, 86.61 
feet to a point in the northwestern line of lot No. 1, Block 3193, Forsyth 
County Tax Map; thence with the said line of lot No. 1, South 79 degrees 
58 minutes West, 405.57 feet to a point, the northeast corner of lot No. 26 
Fairway Park Estates (recorded in Plat Book 17, page 145) thence with 
the East line of lots No. 26, 24 and 23, South 03 degrees 01 minutes West, 
669.56 feet to a point, the eastern corner between lots No. 23 and 24 in 
the western line of property owned by the City of Winston-Salem; thence 
with the eastern line of lots No. 22 thru 16, South 30 degrees 10 minutes 
West, 783.41 feet to a point in the eastern line of lot No. 15; thence with 
the line between Fairway Park Estates and City property and falling in 
with the East line of Lakeside Apartments, South 02 degrees 44 minutes 
West, 1950.64 feet to a point; thence continuing with said City property 
and said apartment property the three following courses and distances: 
South 03 degrees 13 minutes East 733.5 feet to a point; South 77 degrees 
02 minutes West 1191.2 feet to a point; and South 60 degrees 02 minutes 
West 406 feet to a concrete monument; thence crossing Winston Lake 
Road and Brushy Fork Creek South 41 degrees 51 minutes East 554.5 
feet to a point on the South bank of the creek and the East margin of 
Water Works Road; thence with the West line of Winston Lake property 
South 03 degrees 44 minutes West 714 feet to an iron stake; thence with 
the South line of Winston Lake property and its extension and crossing 
Water Works Road South 65 degrees 14 minutes East 2083 feet to an 
iron stake, said iron stake being 225 feet East of and at right angles to 
the center of Water Works Road; thence along a line that is 225 feet 
East of and parallel to the center of Water Works Road South 09 degrees 
43 minutes East 887.0 feet to an iron stake in the North line of Lot 43 
Camel City Heights Devp. Plat Book 4 page 168; thence with the North 
line of lots 43, 44, 45 and 46 Camel City Heights Devp. South 87 degrees 
04 minutes East 322.5 feet to an iron stake the southwest corner of lot 47 
Camel City Heights Devp.; thence with the West line of lots 47, 48, and 
49 of said Devp. North 01 degrees 25 minutes East 329.8 feet to an iron 
stake the northwest corner of lot 49 of said Devp.; thence with the North 
line of lots 49, 50, 51 and 52 and their extension eastwardly South 86 
degrees 45 minutes East 636.9 feet to an iron stake said iron stake being 

45 



Ch. 11 1965— Session Laws 

230 feet West of and at right angles to the center of old U. S. Highway 
158; thence along a line that is 230 feet West of parallel to the center of 
Old U. S. Highway 158 North 45 degrees 14 minutes East 1439.5 feet to 
the P. C. or beginning of a curve to the right; thence along said curve 
parallel to said Highway the long chord of which is North 52 degrees 29 
minutes East 343.3 feet to an iron stake the P. T. or ending of said curve; 
thence continuing along said line parallel to the Highway North 59 
degrees 44 minutes East 281.4 feet to an iron stake, said iron stake being 
where the West line of City View School property extended southwardly 
intersects a line 230 feet North from said Highway 158; thence with the 
West line of said school property and said extension North 03 degrees 10 
minutes East 697.2 feet to an iron stake the northwest corner of said school 
property; thence continuing with the North line of said school property 
North 59 degrees 47 minutes East 362.6 feet to an iron stake and South 
65 degrees 54 minutes East 494.4 feet to an iron stake a southeast corner 
of lot 2, Durmyer Park Plat Book 18 page 127; thence with a South line 
of said lot 2 North 48 degrees 12 minutes East 10.04 feet to an iron stake 
in the West line of Harvest Drive; thence crossing Harvest Drive North 
20 degrees 31 minutes East 102.5 feet to an iron stake in the East line 
of Harvest Drive, said iron stake being 230 feet northwest from the 
center of U. S. Highway 158; thence North 45 degrees 08 minutes 
East 839.2 feet to an iron stake, said iron stake being 230 feet north- 
westwardly from and at right angles to the center of U. S. Highway 158; 
thence along a line that is 230 feet northwest from and parallel to said 
Highway North 39 degrees 00 minutes East 1417.9 feet to a point in the 
southern line of lot No. 317, Block 3220, Forsyth County Tax Map; thence 
with the said line of lot No. 317, South 51 degrees 00 minutes East, 200.0 
feet to a point in the northern line of the Old Highway No. 158; thence 
crossing the said Highway, South 50 degrees 52 minutes East, 89.52 feet 
to a point, the western corner of lot No. 11, Block No. 3220y 2 ; thence 
with the northwestern line of lot No. 11, crossing Grover Street and 
falling in with the northwestern line of lot No. 3, North 38 degrees 14 
minutes East, 384.8 feet to a point, a corner between lots No. 3 and 2; 
thence with the line between said lots No. 3 and 2, South 50 degrees 46 
minutes East, 119.9 feet to a point, a corner of lot No. 4; thence with 
the northern line of lots No. 4, 5 and 6, North 73 degrees 41 minutes East, 
219.7 feet to a point, the eastern corner of lot No. 7; thence with the 
northeastern line of lot No. 7, North 40 degrees 23 minutes East, 87.16 
feet to a point, a corner between lots No. 7 and 8R; thence with the line 
between said lots, South 49 degrees 38 minutes East, 174.75 feet to a point, 
a corner of said lots in the North line of Grover Street; thence crossing 
Grover Street, South 76 degrees 19 minutes East, 67.24 feet to an iron 
stake the northeast corner of lot 28 of said Dev.; thence with the eastern 
line of lot 28 South 50 degrees 05 minutes East 170.0 feet to an iron 
stake the southeast corner of lot 28, thence with the South line of lot 28 
South 53 degrees 55 minutes West 143.0 feet to an iron stake in the 
eastern line of Granby Street; thence crossing Granby Street South 11 
degrees 07 minutes West 85.3 feet to an iron stake the southeast corner 

46 



1965— Session Laws Ch. 11 

of lot 16 of said Dev.; thence with the South line of lot 16 South 64 
degrees 37 minutes West 194.6 feet to an iron stake the southeast corner 
of lot 15; thence South 43 degrees 52 minutes West 330.8 feet to an iron 
stake in the eastern line of lot 57, C. D. Crews Dev. plat book 8 page 161 
and 162, said iron stake being 100.6 feet southwardly from an old iron 
stake at the southwest corner of lot 14, Brentwood Forest Dev.; thence 
with the East line of lots 57 and 31 crossing Granby Street South 20 
degrees 08 minutes East 283.4 feet to an iron stake a northeast corner of 
lot 30 said C. D. Crews Div.; thence with the East line of lots 30, 29, 
and 28 of said Dev. South 01 degrees 14 minutes West 366.6 feet to an 
iron stake the northwest corner of lot 19 block 3220 V* Forsyth County 
Tax Map; thence with the North line of said lot 19 North 68 degrees 
11 minutes East 75.2 feet to a stone the northeast corner of said lot 19; 
thence with the East line of lots 19, 20, 27, 22 and 29, said Block 3220 V 2 
South 35 degrees 31 minutes East 759.0 feet to an iron stake the northeast 
corner of lot 24 Block 3220% F. C. Tax Map; thence with the East line 
of lot 24 South 00 degrees 11 minutes West 289.7 feet to an iron stake in 
the North line of Old U. S. Highway 421; thence crossing Old U. S. 421 
South 40 degrees 19 minutes East 156.8 feet to an iron stake in the South 
line of Old U. S. 421 and in a West line of Salem Lake property as shown 
on a map on file in the office of the Director of Public Works, Winston- 
Salem, N. C; thence with the North and West lines of said Salem Lake 
property the eight (8) following courses and distances: South 03 degrees 
08 minutes East 385.8 feet to a concrete monument; thence South 58 
degrees 35 minutes West 1405.0 feet to a point; thence South 00 degrees 

50 minutes West 734.1 feet to a stone; thence South 63 degrees 07 minutes 
West 663.8 feet to a point; thence South 00 degrees 37 minutes West 266.7 
feet to a point; thence South 86 degrees 41 minutes East 32.8 feet to a 
stone; thence South 33 degrees 22 minutes West 1633.0 feet to an iron 
stake; thence South 45 degrees 48 minutes East 450.7 feet to a concrete 
monument in the North right of way line of the Southern Railway said 
monument being 50 feet North of and at right angles to the center of 
said Railway; thence along a line that is 50 feet North of and parallel to 
the center of said Railway South 33 degrees 00 minutes West 431.7 feet 
to the P. C. or beginning of a curve to the right; thence continuing with 
said curve and with said right of way the long chord of which is South 

51 degrees 40 minutes West 1271.2 feet to the P. T. or ending of said 
curve; thence continuing along said right of way South 70 degrees 40 
minutes West 124.0 feet to the P. C. or beginning of a curve to the 
left; thence continuing along said right of way and parallel to the center 
of said Railway a chord measurement of South 58 degrees 05 minutes 
West 483.5 feet to an iron stake, said iron stake being where the West 
line of Salem Lake property extended northwardly intersects the North 
right of way line of the Southern Railway; thence crossing the Southern 
Railway along said extended West line of Salem Lake property South 
05 degrees 21 minutes East 278.1 feet to an iron stake on the North 
side of Salem Creek; thence with a North line of Salem Lake property 
North 70 degrees 39 minutes East 72.2 feet to an iron stake; thence 

47 



Ch. 11 1965— Session Laws 

continuing with the West line of Salem Lake property crossing Salem 
Creek South 01 degrees 33 minutes West 2413.5 feet to a concrete monu- 
ment; thence with the South line of Salem Lake property and crossing 
Salem Lake Road; South 88 degrees 13 minutes East 565.5 feet to an iron 
stake said iron stake being 225 feet East of and at right angles to the 
center of Salem Lake Road; thence along a line that is 225 feet East 
of and parallel to the center of Salem Lake Road South 15 degrees 24 
minutes East 733.0 feet to an iron stake in the North line of lot 3-"F" 
Block 2585; thence with the North line of said lot 3-"F" South 87 
degrees 11 minutes East 27.3 feet to an iron stake the northeast corner 
of said 3-F; thence with the East line of 3-F South 01 degrees 38 minutes 
West 168.8 feet to an iron stake; thence South 19 degrees 22 minutes 
East 214.5 feet to an iron stake the northeast corner of 14A Block 2585, 
F. C. Tax Map; thence with the East line of said lot 14 "A" and its ex- 
tension South 03 degrees 07 minutes West 359.1 feet to an iron stake in 
the North line of lot 1-"A" Block 2592 F. C. Tax Map; thence with the 
North line of said lot 1-"A" South 86 degrees 36 minutes East 141.3 
feet to an iron stake the northeast corner of lot 1-"A"; thence with the 
East line of lots 1-A, 1-B, 2, 3, and 5 South 01 degrees 36 minutes West 
930.3 feet to an iron stake the northwest corner of lot 6, Block 2592 
F. C. Tax Map; thence with the North line of lots 6, 7, and 8, said Block 
2592 South 88 degrees 30 minutes East 273.2 feet to a stone the northeast 
corner of lot 8; thence with the East line of lots 8 and 9 Block 2592 
South 01 degrees 30 minutes West 147.8 feet to an iron stake said iron 
stake being 250 feet North of and at right angles to the center of Reynolds 
Park Road; thence along a line that is 250 feet North of and parallel to 
the center of Reynolds Park Road South 51 degrees 24 minutes East 
3215.3 feet to an iron stake in the North line of lot 102, Block 2609 F. C. 
Tax Map; thence with the North line of lot 102, the North terminus of 
Laura Street and falling in with the North line of lots 103 and 105 Block 
2609 and the North line of lots 1 and 2, Block 1712 F. C. Tax Map North 
83 degrees 37 minutes East 285.5 feet to an iron stake the northeast 
corner of lot 2 Block 1712; thence South 83 degrees 15 minutes East 442.0 
feet to an iron stake the northwest corner of lot 107 Block 2609 Tax Map; 
thence with the North line of lots 107 through 122 South 87 degrees 15 
minutes East 480.0 feet to an iron stake in the West line of Nicholson 
Road; thence crossing Nicholson Road North 43 degrees 32 minutes East 
55.9 feet to an iron stake in the East line of Nicholson Road; said iron 
stake being 230 feet North of and at right angles to the center of N. C. 
Highway 150; thence along a line that is 230 feet North of and parallel 
to the center of N. C. 150; North 64 degrees 22 minutes East, 269.65 feet 
to a point; thence South 25 degrees 32 minutes East, 200.0 feet to a point 
in the northern line of N. C. Highway No. 150; thence with the northern 
line of said Highway, North 64 degrees 28 minutes East, 85.10 feet to 
a point; thence, crossing said Highway and falling in with the line between 
lots No. 22 and 23 Block 1714, Forsyth County Tax Map, South 01 degrees 
16 minutes West, 210.50 feet to a point, a corner between said lots in the 
North line of lot No. 25; thence with the North line of said lot No. 25, 

48 



1965 — Session Laws Ch. 11 

North 64 degrees 28 minutes East, 55.5 feet to a point, the northeast 
corner of lot No. 25; thence with the eastern line of lots No. 25 through 
35, No. 41 and crossing U. S. Highway No. 311, South 01 degrees 16 
minutes West, 579.2 feet to a point in the southern line of said Highway; 
thence with the southern line of said Highway, South 76 degrees 36 
minutes East, 108.24 feet to a point, a corner between lots No. 5 and 6, 
Block 2628, Forsyth County Tax Map; thence with the line between said 
lots No. 5 and 6, South 01 degrees 16 minutes West, 175.06 feet to a 
point, the southern corner between said lots; thence with the southern 
line of lots No. 5 through 1 and crossing Green Point Road, North 76 
degrees 26 minutes West, 127.0 feet to an iron stake in the West line of 
Green Point Road, the northeast corner of lot 33 Block 2628 F. C. Tax 
Map; thence with the North line of said lot 33 North 88 degrees 42 
minutes West 130 feet to an iron stake the northwest corner of lot 33; 
thence with the West line of lots 33 and 34 South 01 degrees 34 minutes 
West 60 feet to an iron stake in the North line of lot 35; thence with the 
North line of said lot 35 North 88 degrees 42 minutes West 20.0 feet to 
an iron stake the northwest corner of lot 35; thence with the West line 
of lots 35, 36, and 37 South 01 degrees 48 minutes West 63.0 feet to an 
iron stake, the northeast corner of lot 63 Block 2628; thence with the 
North line of said lot 63 and falling in with the North line of lots 55 
through 38, Block 2629 F. C. Tax Map North 87 degrees 24 minutes West 
824.3 feet to an iron stake the northeast corner of lot 37 Block 2629; 
thence with the East line of lots 37 through 26 Block 2629 South 02 
degrees 36 minutes West 300.0 feet to an iron stake in the North line 
of Atwood Street, thence crossing Atwood Street South 53 degrees 56 
minutes West 64.0 feet to an iron stake the northeast corner of lot 25 
Block 2629; thence with the East line of lots 25 through 19 South 02 
degrees 36 minutes West 212.5 feet to an iron stake in the North line 
of Frank Street; thence crossing Frank Street South 43 degrees 27 minutes 
West 52.9 feet to an iron stake in the South line of Frank Street, said 
iron stake being 214.7 feet eastwardly and at right angles to the center 
of Stewart Street; thence along a line that is 214.7 feet East of and 
parallel to the center of Stewart Street South 18 degrees 46 minutes 
West 989.6 feet to an iron stake the northwest corner of lot 18, Stewart 
Gardens Dev. Plat Book 18 page 117; thence with the North line of lots 18 
through 22 South 87 degrees 33 minutes East 500.0 feet to an iron stake 
the northeast corner of lot 22 of said Dev.; thence with the East property 
line of said Dev. South 02 degrees 35 minutes West 927.0 feet to an iron 
stake the southeast corner of lot 39 in the North line of Duke Power Co. 
right of way; thence with the North line of said right of way crossing 
Gardenia Road and Cole Road South 88 degrees 00 minutes West 1491.2 
feet to an iron stake, said iron stake being 230 feet West of and at 
right angles to the center of Cole Road; thence along a line that is 230 
feet West of and parallel to the center of Cole Road North 18 degrees 
03 minutes West 1003.5 feet to an iron stake in the South line of lot 18, Block 
2597 F. C. Tax Map; thence crossing said lot 18 North 45 degrees 26 
minutes West 229.6 feet to an iron stake the northwest corner of lot 18; 

49 



Ch. 11 1965— Session Laws 

thence North 22 degrees 12 minutes West 372.5 feet to an iron stake the 
southeast corner of lot 4, Block 2597 F. C. Tax Map; thence with the 
South line of lots 4 through 12 North 89 degrees 27 minutes West 628.0 
feet to an iron stake in the East line of Cragmore Road; thence crossing 
Cragmore Road and lot 32 Block 2597 North 87 degrees 29 minutes 
West 1056.8 feet to a stone the northeast corner of lot 31 Block 2597; 
thence with the North line of said Lot 31 North 88 degrees 41 minutes 
West 612.0 feet to a stone the northwest corner of lot 31; thence with 
the West line of lot 31 South 08 degrees 02 minutes East 162.6 feet to a 
stone the northeast corner of lot 30-"B"; thence with the North line of 
lots 30-"B" and 30-"A" and their extension North 88 degrees 49 minutes 
West 470.2 feet to an iron stake in the Old City Limits; thence South 55 
degrees 12 minutes West, 826.7 feet; thence South 34 degrees 00 minutes 
West, 1605.1 feet; thence South 39 degrees 49 minutes West, 647.6 feet; 
thence South 85 degrees 25 minutes West, 300.0 feet; thence South 07 
degrees 30 minutes East, 353.29 feet; thence with the South line of 
Glascoe Street, South 87 degrees 16 minutes East, 273.67 feet; thence 
South 15 degrees 58 minutes East, 123.28 feet; thence South 89 degrees 
09 minutes West, 94.38 feet; thence South 00 degrees 51 minutes East, 
11.07 feet; thence South 89 degrees 09 minutes West, 170.60 feet; thence 
South 21 degrees 30 minutes East, 1176.15 feet; thence South 52 degrees 
55 minutes East 446.0 feet to an iron; thence South 2 degrees 30 minutes 
West 362.0 feet to an iron stake 150 feet South of Clodfelter or Mansfield 
Street; thence parallel to Clodfelter Street North 88 degrees 00 minutes 
West 1744.0 feet to an iron at a branch; thence with said branch the 
following five courses; South 6 degrees 05 minutes West 97.3 feet to an 
iron; South 42 degrees 00 minutes West 62.7 feet to an iron; South 10 
degrees 50 minutes West 51.0 feet to an iron; South 38 degrees 10 minutes 
West 97.0 feet to an iron; South 22 degrees 40 minutes West 100.0 feet 
to an iron at the intersection of another branch; thence with the latter 
branch the following seven courses: North 51 degrees 40 minutes West 
260.0 feet to an iron; North 37 degrees 55 minutes West 517.3 feet to an 
iron; North 89 degrees 30 minutes West 100.0 feet to an iron; South 80 
degrees 40 minutes West 296.5 feet to an iron; North 70 degrees 00 
minutes West 455.4 feet to an iron; North 56 degrees 47 minutes West 
391.0 feet to an iron; North 36 degrees 40 minutes West 229.5 feet to 
an iron on the northwesterly side of an alley; thence with the northwesterly 
line of said alley the following two courses: South 68 degrees 30 minutes 
West 270.3 feet to an iron; South 62 degrees 06 minutes West 400 feet 
to an iron stake, said iron stake being the southeast corner of lot No. 13, 
Block No. 1928 in the Green Park Dev., recorded in Plat Book 14, page 
5, said iron stake being also the northwest intersection of Sink Street and 
a 20 foot alley, running thence with the western line of Sink Street, 
extended, South 28 degrees 50 minutes East 20.0 feet to an iron stake in 
the North line of lot No. 32, Block No. 2663, Forsyth County Tax Map; 
running thence through said Lot No. 32, South 32 degrees, 31 minutes 
East, 398.65 feet to an iron stake, a common corner between lots No. 2, 
3 and 33 in Block No. 2663, Forsyth County Tax Map; thence on a line 

50 



1965 — Session Laws Ch. 11 

between lot No. 33 and lots 3 through 22; South 52 degrees 34 minutes 
East, 538.65 feet to an iron stake a corner of lot No. 22 in the western 
line of lot No. 34; thence on a new line through lots No. 34 and No. 35, 
South 45 degrees 17 minutes East, 1184.52 feet to an iron stake, a corner 
of lots 36 and 37 in the southeastern line of said lot No. 35; thence with 
the northeastern line of said lot No. 36, South 33 degrees 10 minutes East 
263.91 feet to an iron stake, the eastern corner of said lot No. 36; thence 
on a new line through lot No. 37, Block No. 2663 and continuing through 
lot No. 52, Block No. 2657, South 25 degrees 06 minutes East 563.71 feet 
to an iron stake, a corner of lots Nos. 8 and 9 in the southern line of 
said lots No. 52, Block No. 2657; thence with the eastern line of lots No. 1 
through 8, Block No. 2657, (White Track recorded in Plat Book 3, page 38) 
crossing Broadbay Street, South 25 degrees 08 minutes East, 479.6 feet 
to an iron stake, the southern corner between lots No. 1 and 17, Block No. 
657 in the northern line of lot No. 9, Block No. 2662; (J. H. Sink Estate, 
recorded in Plat Book 10, page 148) thence with the northern line of said 
lot No. 9 South 89 degrees 13 minutes East 179.14 feet to an iron stake, 
the northeast corner of said lot No. 9, Block 2662 in the southern line of 
lot No. 18, Block No. 2657; thence with the eastern line of lot No. 9, 
Block No. 2662, South 34 degrees 25 minutes East, 78.74 feet to an iron 
stake, the southeast corner of said lot No. 9, thence with the southern 
line of lot No. 9, Block No. 2662, South 55 degrees 02 minutes West, 
279.22 feet to an iron stake, the southwest corner of lot No. 9 in the 
eastern right of way line of Thomasville Road (N. C. No. 109); thence 
crossing said Highway N. C. 109, South 22 degrees 11 minutes West 56.44 
feet to an iron stake, a corner between lots No. 37 and 38, Block No. 2665, 
said iron stake being in the western right of way of said Highway N. C. 
No. 109; thence falling in with the line between lots No. 37 and 38, 
South 46 degrees 26 minutes West, 146.50 feet to an iron stake at a point 
where the southern line of Block 2665 (Reed, Swaim, & Jones) extended 
eastwardly intersects said line between lots No. 37 and 38; thence along 
the continuation of and falling in with the South line of said Block 2665 
(Reed, Swaim & Jones) South 78 degrees 28 minutes West, 2011.78 feet 
to an iron stake, said iron stake being the southern corner between lots 
No. 35 and 36, Block No. 2665; thence on the line between said lots No. 
35 and 36, North 11 degrees 32 minutes West 193.1 feet to a concrete 
monument in the center of Jones Street at its western end, said monument 
being also the southeastern corner of lot No. 184, Block No. 2377, known 
also as "Easton" recorded in Plat Book 14, page 23; running thence with 
the southern boundary of "Easton" North 87 degrees 16 minutes West 
1083.0 feet to a stone, a corner between "Easton" and lot No. 31, Block 
No. 1816 known also as the "Cassel Farm" recorded in Plat Book 4, page 
15; running thence with the southern line of lots 31, 30, and a part of 
lot No. 29, North 83 degrees 22 minutes West 302.0 feet to an iron stake, 
a corner in the line of said lot 29; thence continuing with the line of said 
lot No. 29, South 00 degrees 07 minutes West 164.5 feet to a stone, another 
corner of said lot No. 29; thence with the southern line of lots 29, 28, 27, 
26 and 25, Block 1816 (Cassel Farm) North 87 degrees 28 minutes West 

51 



Ch. 11 1965 — Session Laws 

458.0 feet to an iron stake, said iron stake being the southern corner of 
lots No. 24 and No. 25; thence with the southern line of lots 21 through 
24, Block No. 1816 crossing Brindle Street and falling in with the South 
line of lots No. 3 through No. 18 Block No. 1815 (Cassel Farm) North 87 
degrees 23 minutes West 930.2 feet to an iron stake, a corner between lots 
No. 3 and No. 103, Block No. 1815; thence with the South line of said 
Cassel property and its extension North 88 degrees 33 minutes West 
350.0 feet to an iron stake; thence South 12 degrees 35 minutes East 662.9 
feet to a stone, the northeast corner of lot No. 1, Block No. 2672, Forsyth 
County Tax Map and also known as lot No. 1, H. M. Barnes property 
recorded in Plat Book 13, page 22; running thence along the rear of lots 
No. 1 through 12 said Block No. 2672, South 22 degrees 38 minutes East 
314.41 feet to an iron stake, the southeast corner of lot No. 12; thence 
along the South line of said lot No. 12 and crossing the Old Lexington 
Road, South 88 degrees 57 minutes West 316.25 feet to an iron stake 
on the West side of the said Old Lexington Road; thence on a new line 
North 82 degrees 10 minutes West 643.26 feet to an iron stake, the south- 
east corner of lot No. 29, Block No. 1593; thence along the rear of lot 
No. 29, Block No. 1593, crossing Eden Street and falling in with the 
rear line of lots E 28 and E 27, Block No. 1594, North 89 degrees 02 
minutes West 330.32 feet to an iron stake the southeast corner of lot 
No. 26, Block No. 1594 (Eden Heights, recorded in Plat Book 2, page 
24), being also the southeast corner of Rosedale Heights, recorded in 
Plat Book 5, page 59; thence on the line between said Rosedale Heights 
and Eden Heights South 86 degrees 00 minutes West 404.79 feet to an 
iron stake on the West side of an alley; thence continuing with the line 
between said Rosedale Heights and Eden Heights South 85 degrees 29 
minutes West 97.93 feet to an iron stake, the southwest corner of Rose- 
dale Heights in the North line of said Eden Heights; thence continuing 
with the North line of said Eden Heights, South 74 degrees 26 minutes 
West, 469.17 feet to an iron stake in the West line of Southdale Avenue 
(formerly Enoch Road) said point being 19.24 feet South of the southeast 
corner of lot No. 13, Block No. 2357, (Weston, Section No. 1, recorded 
in Plat Book 12, page 206); running thence along the West line of Southdale 
Avenue and beyond, South 02 degrees 05 minutes West 598.75 feet to an iron 
stake; thence South 16 degrees 34 minutes East 102.89 feet to an iron 
stake, the northern corner of lot No. 92, Block No. 1390 (Southdale, re- 
corded in Plat Book 3, page 73); thence with the rear line of lots No. 92, 
91 and 90, South 01 degrees 50 minutes West 258.0 feet to an iron stake 
in the North line of lot No. 83, Block No. 1390; thence with the North 
line of said lot No. 83, North 89 degrees 15 minutes West 22.0 feet to 
an iron stake, the northwest corner of said lot No. 83; thence with the 
East line of lots No. 89 through 53, Block 1390, South 03 degrees 15 
minutes West 1101.7 to an iron stake, the northeast corner of lot No. 52, 
Block No. 2357; thence with the North line of said lot No. 52, North 
86 degrees 45 minutes West 150.0 feet to an iron stake in the East line 
of Southdale Avenue, the northwest corner of said lot No. 52; thence 
crossing said Southdale Avenue, North 75 degrees 45 minutes West 40.44 

52 



1965 — Session Laws Ch. 11 

feet to an iron stake the southeast corner of lot No. 21C, Block No. 1391 
["Southdale" recorded in Plat Book 3, page 73 (3)] thence with the 
South line of said lot No. 21C, North 89 degrees 52 minutes West 100.0 
feet to an iron stake, the southwest corner of said lot 21C in the East 
line of lot No. 22C; thence with the East line of said lot No. 22C, South 
03 degrees 39 minutes West 25.0 feet to an iron stake the northeast corner 
of lot No. 18C; thence along the South line of lots 22C through 34C, Block 
1391, South 89 degrees 48 minutes West 697.4 feet to an iron stake, the 
southwest corner of lot No. 34C; thence with the West line of said lot 
No. 34C, North 06 degrees 58 minutes East 8.29 feet to an iron stake; 
thence crossing the Winston-Salem Southbound Railroad Right of Way 
and falling in with the South line of Block No. 2360 (Weston, Section 
No. 4, recorded in Plat Book 14, page 1) this line being also the North 
line of Arnold Avenue, North 88 degrees 33 minutes West 1957.46 feet 
to an iron stake, the southwest corner of lot No. 246, Block No. 2360 
(Weston, Section 4) thence continuing with the North line of Arnold 
Avenue North 86 degrees 24 minutes West, 232.4 feet to an iron stake on 
the East side of U. S. Highway No. 52 South; thence on a line crossing 
said U. S. Highway No. 52 South, South 53 degrees 05 minutes West 
229.64 feet to a point, the intersection of the West line of said U. S. High- 
way 52 and the East line of Konnoak Drive; thence crossing said Konnoak 
Drive, North 70 degrees 59 minutes West, 64.65 feet to an iron stake, the 
southeast corner of lot No. E, Block No. 2019; thence on the line between 
lots No. E and F, North 89 degrees 19 minutes West, 223.88 feet to a 
point where the East line of lots 2F and 25F extended southwardly 
intersects said line; thence with the said line of lots 2F and 25F ex- 
tended, North 01 degrees 33 minutes West, crossing Skyview Drive 
1038.17 feet to an iron stake, a common corner between lots 25F and 
26F in the South line of 213B, Block 2019 (Felix Ray Sink Dev. recorded 
in Plat Book 13, pages 73 and 106); thence North 03 degrees 02 minutes 
West 683.8 feet to an iron stake, the southwest corner of lot No. 25, Block 
No. 1393 (Hartle Dev. recorded in Plat Book 5, page 155); thence with the 
West line of lots No. 25 through 22 crossing Hartle Street and falling 
in with the West line of lots 11 through 9, Block 1393, North 07 degrees 
18 minutes West 373.6 feet to an iron stake a common corner of lots 4, 
5, 9 and 12, Block 1393 (Hartle Dev., recorded in Plat Book 5 page 155) 
running thence with the South line of Lots 4 through 1, Block 1393, South 
79 degrees 57 minutes West 222.9 feet to an iron stake, the southwest 
corner of lot No. 1, Block 1393 in the West line of lot No. 3R, Block 
2304 (Rockcrest Dev., recorded in Plat Book 10, page 103); thence with 
the West line of said lot No. 3R, North 02 degrees 46 minutes East 11.63 
feet to an iron stake, the northeast corner of said lot No. 3R; thence 
with the said North line of lot No. 3R, South 89 degrees 18 minutes West, 
108.4 feet to an iron stake the southwest corner of lot No. 2R, Block 2304 
in the East line of Emma Avenue; thence crossing said Emma Avenue, 
South 30 degrees 37 minutes West 63.41 feet to an iron stake, the south- 
east corner of lot No. 202, Block 2304, (Samuel A. Spach Dev., recorded 
in Plat Book 11, page 7); thence with the South line of lots 201 and 202, 

53 



Ch. 11 1965 — Session Laws 

North 87 degrees 47 minutes West 122.2 feet to an iron stake, the south- 
west corner of lot No. 201 in the East line of lot No. 107; thence along 
the East line of said lot No. 107 (being also the West line of lots 203, 
3M through 7M) South 02 degrees 18 minutes West 411.0 feet to an iron 
stake in the West line of lot No. 8M; thence along the South line of 
lots No. 22B, 22C, 23 and 108 extended through lots 21, 105, 106 and 107, 
North 87 degrees 49 minutes West 535.73 feet to an iron stake in the 
East line of Hastings Avenue the southwest corner of lot No. 108, Block 
2304 (Samuel A. Spach Dev.); thence crossing Hastings Avenue South 
34 degrees 47 minutes West 73.87 feet to an iron stake, the southeast 
corner of lot No. 176, Block 2084 (Williard Dale, recorded in Plat Book 4, 
page 165); thence along the South line of lots No. 173 through 176, Block 
2084, North 87 degrees 54 minutes West 222.64 feet to an iron stake in the 
East line of Clinard Avenue, the southwest corner of lot No. 173; thence 
crossing said Clinard Avenue, South 52 degrees 46 minutes West 51.36 feet 
to an iron stake the southeast corner of lot No. 1, Block No. 2084 (Willard 
Dale) in the West line of Clinard Avenue; thence along the South line 
of lots No. 1 through 7, Block 2084, South 79 degrees 41 minutes West, 
369.85 feet to an iron stake, the southwest corner of lot No. 7 in the 
East line of Wyandotte Street; thence crossing Wyandotte Street South 
51 degrees 17 minutes West, 50.18 feet to an iron stake, the southeast 
corner of lot No. 52, Block 3866 (Rufus M. Spach Est. recorded in Plat 
Book 7, page 162) in the West line of Wyandotte Street; thence along the 
South line of lot No. 52 the South line of said lot No. 52 extended and 
the South line of lot No. 53, South 79 degrees 02 minutes West 715.33 
feet to an iron stake, the southwest corner of said lot No. 53; thence 
along the West line of lot No. 53, North 00 degrees 12 minutes West 
200.0 feet to an iron stake, the northwest corner of lot No. 53 in the 
South line of the Waughtown-Clemmons Road, thence crossing the said 
Road, North 61 degrees 20 minutes West 57.56 feet to an iron stake 
the southwest corner of lot No. 101, Block No. 2011 (Rosemont, recorded 
in Plat Book 4, page 106), thence with the West line of Block No. 2011, 
2016 and 2017 (Rosemont Dev.) the West line of Blocks No. 2701 (D. F. 
Chiddie Dev., recorded in Plat Book 12, page 174) and the East line of 
Block 3850 (Twilite Dairy Farm, recorded in Plat Book 12, page 175) 
North 02 degrees 36 minutes East, 1998.09 feet to a point in Elmhurst 
Street; thence with the original North line of Elmhurst Street, North 84 
degrees 36 minutes West, 100.0 feet; thence North 55 degrees 37 minutes 
West 66.0 feet to a point in the original East line of Fleet Street; 
thence North 01 degrees 30 minutes East, with the said line of Fleet 
Street, 126.0 feet; thence South 88 degrees 00 minutes East, 158.9 feet; 
thence North 02 degrees 36 minutes East, 172.0 feet to a point, the north- 
east corner of Block No. 3850; thence with the North line of Block No. 
3850, North 88 degrees 12 minutes West 295.58 feet to an iron stake the 
southwest corner of Block 3815 in the North line of Block No. 3850; 
thence with the West line of Block No. 3851, North 01 degrees 23 minutes 
East 1458.09 feet to an iron stake in the South line of lot No. 1, Block 
No. 959 (Bahnson Acres, recorded in Plat Book 1, page 87); thence with 

54 



1965 — Session Laws Ch. 11 

the South line of said Block No. 951, North 88 degrees 18 minutes West 
276.73 feet to an iron stake; the southwest corner of said lot No. 1; 
thence with the West line of lots No. 1 and 5, Block No. 959, North 01 
degrees 34 minutes East 1039.94 feet to an iron stake, a corner of the 
Cloisters Dev.; thence North 86 degrees 03 minutes West, 1056.87 feet; 
thence on a new line, South 75 degrees 01 minutes West 1887.78 feet to 
a point in the eastern right of way line of the Old Salisbury Road; thence, 
crossing the said Old Salisbury Road and falling in with the southern 
line of lots No. 44 and 43, Block 3817, Forsyth County Tax Map, North 
52 degrees 41 minutes West 1125.40 feet to a point, the southwest corner 
of lot No. 43 in the eastern line of Bancroft Street; thence crossing said 
Bancroft Street, South 35 degrees 59 minutes West 149.15 feet to a point, 
the southeast corner of lot No. 74, Block 2298 in the western line of 
Bancroft Street; thence with the southwestern lines of lots No. 74 through 
80, North 44 degrees 43 minutes West 498.0 to a point, the southwestern 
corner of lot No. 80, Block No. 2298, Forsyth County Tax Map; thence 
with the westerly line of lots No. 81 through 83, North 21 degrees 57 
minutes West 256.57 feet to a point, the northwest corner of lot No. 83; 
thence with the southern line of lots No. 84 and 85, North 84 degrees 20 
minutes West 443.49 feet to a point in the existing city limit line on the 
North bank of Salem Creek; thence along the North bank of Salem Creek, 
South 45 degrees 51 minutes West 178.26 feet; South 65 degrees 11 
minutes West 250.15 feet; South 80 degrees 13 minutes West 271.02 feet; 
South 86 degrees 19 minutes West 467.04 feet; South 82 degrees 01 
minutes West 561.04 feet; South 87 degrees 59 minutes West 178.09 feet 
and South 62 degrees 32 minutes West 370.53 feet to an iron stake, a 
corner between lots No. 1 and 3, Block No. 3927, on the North bank of 
Salem Creek, thence with the said line between lots No. 1 and 3, the 
three (3) following courses: North 43 degrees 06 minutes West, 268.44 
feet to an iron stake, South 58 degrees 32 minutes West 142.76 feet to 
a stone and North 04 degrees 17 minutes East 593.30 feet to an iron 
stake, the southwest corner of the R. O. Haire Devp. (recorded in Plat 
Book 3, page 35) and continuing North 04 degrees 17 minutes East 336.92 
feet (a total distance of 930.22 feet) to an iron stake, the southwest 
corner of lot No. 26 in the North line of a 30 foot street in the said 
Haire Devp.; thence continuing with the West line of said devp.; North 
02 degrees 41 minutes East, 1241.14 feet to an iron stake the northwest 
corner of the Haire Devp. in the South line of lot 16 in the Hilldale Devp. 
(recorded in Plat Book 13, page 166) thence along the South line of the 
Hilldale Devp., South 88 degrees 37 minutes West 235.93 feet to an iron 
stake in the East line of Kenwood Road; thence with the South line of 
"Ardmore Manor" North 89 degrees 07 minutes West 895.50 feet to a 
stone and North 87 degrees 46 minutes West, 304.90 feet to a point in 
Burke Branch, the southwest corner of "Ardmore Manor", (recorded in 
Plat Book 17, page 156) said point being also the southeast corner of lot 
No. 11 in the North line of lot No. 8, Block 3927; running thence with the 
line of lots No. 8, 9, and 11, Block 3927 and continuing through lot No. 11, 
Block 3807, North 85 degrees 12 minutes West, 2423.50 feet to an iron 

55 



Ch. 11 1965— Session Laws 

stake, the southeast corner of lot No. 6, said Block 3807; thence with the 
South line of lot No. 6, North 88 degrees 35 minutes West, 164.50 feet to 
a point; thence with the eastern line of lot No. 3, South 01 degrees 23 
minutes West, 803.0 feet to an iron stake; thence North 87 degrees 58 
minutes West, 115.8 feet; thence South 02 degrees 06 minutes West, 
224.57 feet; thence South 87 degrees 52 minutes East, 120.0 feet; thence 
with the line of lot No. 6C, Block No. 3997, T. L. Kimel Estate, the fol- 
lowing four (4) courses; North 02 degrees 06 minutes East 120.0 feet; 
South 87 degrees, 52 minutes East, 1050.85 feet; South 02 degrees 08 
minutes West, 400.0 feet and North 87 degrees 52 minutes West, 531.31 
feet to a point in the southern line of said lot No. 6C, Block No. 3997; 
thence South 00 degrees 36 minutes East, 485.76 feet to a point; thence 
South 51 degrees 53 minutes East, 454.15 feet to a point; thence South 
30 degrees 35 minutes East, 900.0 feet to a point; thence South 59 degrees 
25 minutes West, 340.0 feet to a point; thence South 30 degrees 35 minutes 
East, 55.0 feet; and South 58 degrees 30 minutes East 410 feet to a point 
in the West right of way of Ebert Road, said point being located south- 
westwardly 459 feet from the southeast corner of Lot 1, Mamie Burke 
Holt property as recorded in Plat Book 19, Page 83; thence with the 
West right of way of Ebert Road the two following courses and distances: 
South 07 degrees 19 minutes West 100 feet and South 07 degrees 14 
minutes East 164 feet to an iron stake, the northeast corner of Wil- 
liam W. Frye in the West right of way of Ebert Road; thence with the 
North line of Frye and falling in with the line of a parcel of land owned 
by the City of Winston-Salem, South 68 degrees 11 minutes West 234.33 
feet to a point; thence continuing with the lines of Spence & Lester, Inc. 
North 66 degrees 15 minutes West 540.35 feet; North 31 degrees 49 
minutes West 796.63 feet and North 50 degrees 40 minutes West 633 feet 
to a point in the East line of Rodney Burke; thence with said Burke line 
North 00 degrees 06 minutes East 110 feet to an iron stake, a corner of 
Rodney Burke and Hillary Holt in the line of Spence & Lester, Inc.; 
thence with Hillary Holt and Spence & Lester, Inc. the 5 following courses 
and distances: North 06 degrees 05 minutes East 130.09 feet; North 83 
degrees 24 minutes West 97.22 feet; North 89 degrees 52 minutes West 
40 feet; North 84 degrees 40 minutes West 112.23 feet and South 02 
degrees 58 minutes West 111.97 feet to an iron stake, a corner of Rodney 
Burke and Spence & Lester, Inc. in the line of Hillary Holt; thence with 
the line of Burke and Spence & Lester, Inc. North 70 degrees 36 minutes 
West 168.87 feet to an iron stake in the East right of way of Burke Mill 
Road; thence with the East right of way of Burke Mill Road North 19 
degrees 24 minutes East 291.40 feet to a corner of Hillary Holt and Spence 
& Lester, Inc.; thence with their lines the 3 following courses and distances: 
South 70 degrees 36 minutes East 115 feet; North 78 degrees 36 minutes 
East 160.36 feet and North 00 degrees 08 minutes East 225 feet to a corner 
of Holt and Spence & Lester in the South line of Steve Doby (Lot 8, 
Block 3926, Southfork Township) ; thence with Doby and Spence & Lester 
South 87 degrees 38 minutes East 399.54 feet to an iron stake and North 
02 degrees 44 minutes East 358.22 feet to an iron stake, a corner of Doby 

56 



1965— Session Laws Ch. 11 

and Spence & Lester in James B. Fain's South line; thence with Doby 
and Fain and falling with T. L. Kimel Estate and crossing Burke Mill 
Road, North 87 degrees 52 minutes West 584.24 feet to a point in the 
West right • of way of Burke Mill Road; thence with the West right of 
way of Burke Mill Road the 6 following courses and distances: North 08 
degrees 22 minutes East 451.40 feet; North 05 degrees 57 minutes East 
141.29 feet; North 04 degrees 43 minutes East 50 feet; North 02 degrees 
15 minutes East 508.10 feet; North 06 degrees 22 minutes East 50 feet; 
and North 09 degrees 32 minutes East 50.35 feet; thence North 88 degrees 
35 minutes West 200.0 feet to a point, a corner of lot No. 5 in the South 
line of lot No. 4, 3807; thence on a line that is approximately 200.0 
feet West of Bolton St., (Burke Mill Road), through lots No. 4, 3, 2 and 1, 
Block 3807, the three (3) following courses: North 23 degrees 35 minutes 
East 717.08 feet: North 25 degrees 40 minutes East 696.10 feet and North 
05 degrees 24 minutes East, 985.01 feet to a point in the South line of 
the Dalton Junior High School property; thence with the line of the 
said school property North 89 degrees 05 minutes West, 520.0 feet to 
an iron stake in the line of West End properties, the P. C. of a curve of 
1859.86 foot radius; thence with the chord of said curve, North 42 degrees 
10 minutes West 576.69 feet to an iron stake, the P. T. of said curve; 
thence North 33 degrees 16 minutes West, 324.47 feet to a point in the 
line of the Forsyth County Hospital Tract; thence with the Hospital Tract 
South 38 degrees 40 minutes West, 338.87 feet to a point in the northern 
right of way line of Silas Creek Parkway as established by the North 
Carolina State Highway and Public Works Commission; thence with the 
said right of way line; thence along and with the line of the right of 
way of Silas Creek Parkway, North 59 degrees 30 minutes West, 297.44 
feet to a point; thence in a slight curve to the right, the arc of which is 
294.64 feet and the chord of which is North 57 degrees 33 minutes West, 
294.49 feet to a point; thence in a curve to the right, the chord of which 
is North 34 degrees 07 minutes West, 919.95 feet, the radius of which is 
1,382.39 feet and the arc of which is 938.13 feet to a point; thence in a 
slight curve to the right, the chord of which is North 10 degrees 42 
minutes West, 294.46 feet to a point and the arc of which is 294.64 feet; 
thence in a slight tangent, North 8 degrees 40 minutes West, 2.78 feet 
to a point; thence in a slight curve to the left, the chord of which is 
North 9 degrees 24 minutes West 201.51 feet to a point; thence North 
13 degrees 01 minutes West, 117.9 feet to a point in the existing corporation 
line; thence North 87 degrees 54 minutes West, 200.33 feet, to a stone in 
the North line of Charter Street as shown on the map of Jones Park (re- 
corded in Plat Book 8, page 121) and Jones Park Annex No. 1 (recorded in 
Plat Book 9, page 58); thence along the North line of said Charter Street, 
North 87 degrees 51 minutes West 516.03 feet to an iron stake in the 
East right of way line of the Southern Railway; thence crossing the 
said right of way line, U. S. Highway No. 158 West and falling in with 
the North line of "West Oaks" recorded in Plat Book 3, page 78 South 
87 degrees 08 minutes West, 659.28 feet to an iron stake, the northwest 
corner of said West Oaks Development; thence on a new line North 

57 



Ch. 11 1965 — Session Laws 

88 degrees 39 minutes West, 683.40 feet to a point that is 200 feet 
South of the Old Vineyard Road and on the line between lots 37 and 38, 
Block 2324D (Burke Park, recorded in Plat Book 12, page 26) extended 
southwardly; the point of Beginning. 

Sec. 2. Sec. 8 of the Charter of the City of Winston-Salem (Sec. 8, 
Chapter 232, Private Laws of the State of North Carolina, Session 1927, 
as amended) and Sec. 2 of Chapter 24 of the 1957 Session Laws of North 
Carolina are hereby amended by striking out the designations and legal 
descriptions of each of the eight wards of the City of Winston-Salem, and 
by inserting in lieu thereof the following: 

The City of Winston-Salem is hereby divided into eight wards, to be 
known and designated as North Ward, Northeast Ward, East Ward, South- 
east Ward, South Ward, Southwest Ward, West Ward, and Northwest 
Ward. 

North Ward. The boundary lines of North Ward shall be as follows: 

Beginning at a point, the intersection of North Marshall Street and 
33rd Street; thence with the center of 33rd Street, eastwardly to the 
existing city limit line; thence with the city limit line, eastwardly to the 
eastern right of way line of the Southern Railway; thence continuing 
with the existing city limit line, northwestwardly to a point northwest 
of the intersection of North Cherry Street and Oak Summit Road; thence 
with the city limit line, North of Oak Summit Road eastwardly to a 
point northeast of the intersection of Oak Summit Road and Old High- 
way U. S. 52; thence with the city limit line, southeastwardly to a point 
northeast of the intersection of Old U. S. 52 and Motor Road; thence 
contining with the city limit line North of Motor Road, eastwardly to a 
point northwest of the intersection of Motor Road and Ogburn Avenue; 
thence northwardly to a point, northwest of the intersection of Ogburn 
Avenue and Oak Summit Road; thence eastwardly to a point East of 
Baux Mountain Road; thence with the city limit line southwardly to a 
point northeast of the intersection of Renigar Street and Old Walkertown 
Road; thence northeastwardly to a point in Monte Vista Road; thence 
southwardly to the Norfolk and Western Railway; thence with the Nor- 
folk and Western Railway, the West line of the Northeast Ward south- 
westwardly to the center of North Liberty Street; thence with Liberty 
Street and extended, southwardly to the intersection of 28th Street and 
the Norfolk and Western Railway; thence with the Norfolk and Western 
Railway southwardly to Northwest Boulevard; thence with Northwest 
Boulevard, the North line of Northwest Ward westwardly to Oak Street; 
thence with Oak Street, northwardly to Glenn Avenue; thence with Glenn 
Avenue, westwardly to Kimberly Road; thence northwardly with Kim- 
berly Road to Cherry Street and with Cherry Street to 26th Street; thence 
westwardly with 26th Street to North Marshall Street; thence with North 
Marshall Street northwardly to the Beginning. 

Northeast Ward. The boundary lines of Northeast Ward shall be as 
follows: 

Beginning at a point, the intersection of Eleventh Street extended and 
the Norfolk and Western Railway; thence with the East line of North 

58 



1965 — Session Laws Ch. 11 

Ward northwardly with the railroad to the intersection of said railroad 
and 28th Street; thence northwardly, falling in with North Liberty 
Street to the intersection of North Liberty Street and the Norfolk 
and Western Railway; thence northwardly with the Norfolk and 
Western Railway to the northeastern boundary of the city limits; 
thence with the city limit line, (falling in with Brushy Fork Creek as it 
meanders) southwardly to the intersection of said creek and Walkertown 
Road (U. S. Highway No. 311); thence with U. S. No. 311, the West line 
of East Ward southwardly to the intersection of said highway and Gerald 
Street; thence with Gerald Street, westwardly to 12th Street; thence 
with 12th Street, westwardly to Highland Avenue; thence with High- 
land Avenue, northwardly to 12 y 2 Street; thence with 12% Street, west- 
wardly to Liberty Street; thence with the extension of 11th Street, south- 
westwardly to the Beginning. 

East Ward. The boundary lines of East Ward shall be as follows: Be- 
ginning at the intersection of Liberia Street and Salem Creek; thence 
with Salem Creek as it meanders northwardly to the intersection of Bath 
Branch; thence with Bath Branch as it meanders northwardly to the 
Norfolk and Western Railway; thence with the Norfolk and Western 
Railway; northwardly to the extension of 11th Street; northeastward to 
12 V 2 Street; thence with 12 V 2 Street, eastwardly to Highland Avenue; 
thence with Highland Avenue, South to 12th Street; thence with 12th 
Street, eastwardly to Gerald Street; thence with Gerald Street, east- 
wardly to New Walkertown Road (U. S. Highway No. 311); thence 
with U. S. Highway No. 311, northwardly to Brushy Fork Branch, a point 
in the city limit line; thence with the city limit line, southwardly and 
eastwardly to a point in N. C. Highway No. 150 near Greenpoint Road; 
thence with N. C. Highway No. 150 the North line of Southeast Ward 
westwardly to Reynolds Park Road; thence with Reynolds Park Road, 
westwardly to Stadium Drive, thence with Stadium Drive, southwardly to 
the Winston-Salem Southbound Railway; thence with the railroad, north- 
westwardly to Vargrave Street; thence with Vargrave Street, southwardly 
to Willow Street; thence with Willow Street, northwestwardly to Kress 
Street, thence with Kress Street, northwardly to Liberia Street; thence 
with Liberia Street, northwestwardly to the Beginning. 

Southeast Ward. The boundary lines of Southeast Ward shall be as 
follows: 

Beginning at the intersection of the southern city limit line and the 
Winston-Salem Southbound Railway; thence with the Winston-Salem South- 
bound Railway the East line of South Ward northwardly to Sunnyside 
Avenue; thence with Sunnyside Avenue northwestwardly to a spur track 
of the Winston-Salem Southbound Railway between Junia Avenue and 
Haled Street; thence with said spur track, eastwardly to the Tar Branch 
spur track of said railroad; thence with the Tar Branch spur track, north- 
wardly to Salem Creek; thence with Salem Creek, as it meanders north- 
eastwardly to Liberia Street; thence with Liberia Street, eastwardly to 
Kress Street; thence southwardly with Kress Street to Willow Street; 
thence eastwardly with Willow Street to Vargrave Street; thence north- 

59 



Ch. 11 1965— Session Laws 

wardly with Vargrave Street to the Winston-Salem Southbound Railway; 
thence with the Winston-Salem Southbound Railway southeastwardly to 
Stadium Drive; thence with Stadium Drive, North to Reynolds Park Road; 
thence with Reynolds Park Road, the South line of East Ward eastwardly 
to N. C. Highway No. 150; thence with N. C. Highway No. 150 eastwardly 
to the city limit line; thence with city limit line, southwardly and west- 
wardly to the Beginning. 

South Ward. The boundary lines of South Ward shall be as follows: 

Beginning at the intersection of the southern city limit line and the 
Winston-Salem Southbound Railway; thence with the city limit line, west- 
wardly and northwardly to the intersection of N. C. Highway No. 150; 
thence with N. C. Highway No. 150 and Peters Creek Parkway, the East 
line of Southwest Ward North to Interstate Highway No. 40; thence with 
Interstate Highway No. 40 West to the intersection of Crafton Street; 
thence with Crafton Street, North to West End Boulevard; thence with 
West End Boulevard, northwardly to Brookstown Avenue, thence with 
Brookstown Avenue, the South line of Northwest Ward southeastwardly 
to First Street; thence with First Street, eastwardly to the Norfolk and 
Western Railway; thence with the Norfolk and Western Railway south- 
eastwardly to Bath Branch; thence with Bath Branch southwardly to 
Salem Creek; thence with Salem Creek, south westwardly to the Tar 
Branch spur of the Winston-Salem Southbound Railway; thence with 
the railroad southwardly to another spur track between Haled Street and 
Junia Avenue; thence with the spur track, West to Sunnyside Avenue; 
thence with Sunnyside Avenue, southeastwardly to the main line of the 
Winston-Salem Southbound Railway; thence with the railroad South to 
the Beginning. 

Southwest Ward. The boundary lines of Southwest Ward shall be as 
follows: 

Beginning at the intersection of the city limit line and Interstate High- 
way No. 40; thence with Interstate Highway No. 40 eastwardly to Peters 
Creek Parkway; thence with Peters Creek Parkway and continuing with 
N. C. Highway No. 150, the West line of South Ward southwardly to 
the city limit line; thence westwardly with the city limit line to the Be- 
ginning. 

West Ward. The boundary lines of West Ward shall be as follows: 

Beginning at the intersection of Crafton Street and U. S. Highway 
1-40; thence West with U. S. Highway 1-40, the North line of Southwest 
Ward, westwardly to the city limit line; thence with the city limit line, 
northwardly to the intersection of Mill Creek and Reynolda Road (N. C. 
Highway No. 67); thence with Reynolda Road, the western line of North- 
west Ward, southeastwardly to the West End Boulevard; thence with 
West End Boulevard, the western line of South Ward, southwardly to 
Crafton Street; thence southwardly with Crafton Street to the Beginning. 

Northwest Ward. The boundary lines of Northwest Ward shall be as 
follows: 

Beginning at the intersection of First Street and the Norfolk and 
Western Railway; thence with First Street, the North line of South Ward, 

60 



1965 — Session Laws Ch. 11 

westwardly to Brookstown Avenue, thence with Brookstown Avenue, north- 
westwardly to West End Boulevard; thence with West End Boulevard, 
northwardly to Reynolda Road; thence with Reynolda Road, the eastern 
line of West Ward, to Mill Creek, a point in the city limits; thence with 
Mill Creek and continuing with the city limits eastwardly and south- 
wardly to 33rd Street, a point in the western line of North Ward; thence 
with 33rd Street, westwardly to North Marshall Street; thence with 
North Marshall Street, the eastern line of West Ward, southwardly to 
26th Street; thence with 26th Street, eastwardly to North Cherry Street; 
thence with Cherry Street southwardly to Kimberly Road; thence with 
Kimberly Road, southwardly to Glenn Avenue; thence with Glenn Avenue, 
eastwardly to Oak Street; thence with Oak Street, southwardly to North- 
west Boulevard; thence with Northwest Boulevard, eastwardly to the 
Norfolk and Western Railway, a point in the West line of Northeast Ward; 
thence with the Norfolk and Western Railway falling in with the West 
line of East Ward, southwardly to the Beginning. 

Sec. 3. Chapter 60 of the Private Laws of the State of North Carolina 
for the year 1933 entitled "AN ACT TO AMEND THE CHARTER OF 
THE CITY OF WINSTON-SALEM, BEING CHAPTER 232, PRIVATE 
LAWS OF ONE THOUSAND NINE HUNDRED TWENTY-SEVEN, AND 
CHAPTER 51, PRIVATE LAWS OF ONE THOUSAND NINE HUNDRED 
THIRTY-ONE", as amended by Chapter 152 of the 1949 Session Laws of 
North Carolina, by Chapter 76 of the 1953 Session Laws of North Carolina 
and by Chapter 1365 of the 1957 Session Laws of North Carolina, is further 
amended as follows: 

Paragraph Second of Section 1 of said Chapter 60, as amended, is hereby 
stricken out, and the following paragraph to be numbered "Second" is 
adopted in lieu thereof to read as follows: 

"There shall, on the first Tuesday in May, 1933, and on the first Tuesday 
in May biennially thereafter, be elected eight aldermen for said city, 
who shall hold their offices until their successors are qualified, of whom 
one shall be elected from North Ward, one from Northeast Ward, one 
from East Ward, one from Southeast Ward, one from South Ward, one 
from Southwest Ward, one from West Ward and one from Northwest Ward. 
Such aldermen shall be residents of the wards for which they are chosen, 
and shall be elected by the qualified voters of such wards respectively." 

Sec. 4. All laws and clauses of laws in conflict with this Act are hereby 
repealed. 

Sec. 5. This Act shall be in full force and effect from and after its 
ratification; subject, nevertheless, to the following exceptions and conditions 
with respect to Sections 2 and 3 of this Act: The present members of the 
Board of Aldermen of the City of Winston-Salem shall continue in office as 
the representatives of their present wards until the term for which they 
were elected expires in May, 1965, and their successors are qualified. Can- 
didates for the office of aldermen in the 1965 and subsequent primary and 
general elections of the City of Winston-Salem shall be residents of the 
wards as designated in this Act and shall be elected by the qualified 
voters of such wards respectively. 

61 



Ch. 11-12-13 1965— Session Laws 

In the General Assembly read three times and ratified, this the 26th 
day of February, 1965. 

H. B. 39 CHAPTER 12 

AN ACT TO FIX EXPENSE ALLOWANCES AND COMPENSATION 
FOR CERTAIN OFFICIALS IN THE CITY OF RALEIGH. 

The General Assembly of North Carolina do enact: 

Section 1. Effective on the first of the month immediately following 
the ratification of this Act, the Mayor of the City of Raleigh shall receive 
an annual expense allowance of eight hundred dollars ($800.00) and the 
Mayor Pro Tern of the City of Raleigh shall receive an annual expense 
allowance of three hundred dollars ($300.00). 

Effective on the first of the month following the ratification of this 
Act, the City Councilmen of the City of Raleigh shall receive an annual 
salary of seven hundred and fifty dollars ($750.00), payable in twelve (12) 
equal monthly installments. 

Sec. 2. All laws and clauses of laws in conflict with this Act are hereby 
repealed. 

Sec. 3. This Act shall be in full force and effect upon its ratification. 

In the General Assembly read three times and ratified, this the 26th 
day of February, 1965. 

H. B. 66 CHAPTER 13 

AN ACT AMENDING THE CHARTER OF THE CITY OF WINSTON- 
SALEM, AND OTHER APPLICABLE LAWS, AS THEY RELATE 
TO ELECTIONS IN THE CITY OF WINSTON-SALEM. 

The General Assembly of North Carolina do enact: 

Section 1. Sec. 4 of Article I of Chapter 232 of the Private Laws of 
1927 is hereby repealed; such portions of Sections 9 through 12 of Article 
II of Chapter 232 of the Private Laws of 1927 as have not heretofore been 
superseded or repealed are hereby repealed; such portions of Sections 1 
and 2 of Chapter 60 of the Private Laws of 1933 as have not heretofore 
been superseded or repealed are hereby repealed; paragraph (a) of Sec- 
tion 1 of Chapter 734 of the 1955 Session Laws is hereby repealed; and 
the following is hereby inserted at the beginning of Article II, entitled 
"Elections", of the Charter of the City of Winston-Salem in lieu thereof: 

"Sec. 12A. Generally. 

1. Election of mayor. On the first Tuesday in May, 1965, and on the 
same day that the regular biennial general election for county officials 
is held in 1966, and biennially thereafter, there shall be elected a mayor, 
who shall be a resident of the City of Winston-Salem. All persons voting 
for mayor shall cast their ballot in the respective wards in which said 
voters reside, and the person receiving the highest number of the aggregate 
of the votes of all of the wards for the office of mayor shall be declared 
elected. It is the intent and purpose of this Section that the mayor elected 
in 1965 shall serve for a term expiring on the first Monday in December, 

62 



1965— Session Laws CH - 13 



, t j •„ iQfifi and biennially thereafter, shall 

the same day that the regular b.enmal ^'»^™ ted cig ht 
is held in 1966, and biennially thereafter there shal! 

aldermen for the City "'ff^^r^neshaVbe elected from North 
their successors are qualified, of whom one sn Southeast 

Ward, one from Northeast Ward, one from East Vtad, one t ^ 

Ward, one from South Ward, one &om Jout^est W "^ be . resident 
Ward, and one from Northwest Ward^ ^"rman^haU ^ 

M ri.^S b fn «5 oT »- em shall be conducted £ 

F^unt^^^^ 

municipal elections, both primary and genera MUM w 4 ton . Salem , 

City of Winston-Salem without request from the _ony ra : 

and^ promptly after each such election, to «""*«£.££* ^ upon 

the secretary of the City of Winston-Salem, who .shall «° rd ° * on 

the permanent records of the city. Further upon ■*»*_?» f win . 

„ r ordinance duty adopted by the Board of Aldermen „ tU C .t y of !W 

ston-Salem requesting any special elec °"> '* shal be * he d J election 

Forsyth County Board of Elections to call and conduct such speca 

and promptly after such special ™J ^fJtU record same 

ZZ££Z2 ^rufoflhe^ty of WmstomSalem. The initiative, 

referendum and -^^i,^^,,- Carolina 

^, cle app.y n to ol the h s; of w-^^^trt:/:; 

Board of Elections in accordance with the election laws of the State ot 

5 air ;f of irjrs r^rrs : 

of which shall be elected shall be by lot in public, at the first meeting 
of the board of aldermen following the election. 



63 



Ch. 13 1965 — Session Laws 

may require. Said board shall comply with the provisions of G. S. 163-22 
in establishing and altering precincts and polling places. 

5. Notice of special elections. Notice of every special election in the 
City of Winston-Salem shall be published by the Forsyth County Board 
of Elections in a newspaper of general circulation in the City of Winston- 
Salem at least once a week for four weeks preceding the date of such 
election, and shall be posted for thirty (30) days on the public bulletin 
board at the City Hall and at three other public places in the city. Such 
notice shall set forth the date and hours of such elections, the proposition 
to be voted on thereat, and shall contain such other information as the 
board of elections shall deem appropriate. 

6. Independent or nonpartisan candidates; petition; affidavit of can- 
didates; filing of petition; rules and regulations governing petitions. The 
Forsyth County Board of Elections shall include among the candidates 
for municipal office, as independent or nonpartisan candidates, the name 
of any qualified voter who has been requested to be a candidate for office 
by written petitions signed by at least twenty-five percent (25%) of those 
entitled to vote for a candidate for such office according to the vote cast 
in the last municipal election for the particular office, when such petition 
is accompanied by an affidavit from such proposed candidate that he seeks 
to become an independent or nonpartisan candidate and does not affiliate 
with any political party; provided, such petition is filed with the secretary 
of the board of elections on or before twelve o'clock Noon on the third 
Friday preceding the general municipal election for such office. 

The board of elections may prescribe rules and regulations covering the 
information that shall be set out in the petition to be signed by the voters 
requesting a person to be a candidate for any such office, such as the 
giving of the full name of every such voter, the street address of such 
voter and any other pertinent information required to facilitate the checking 
of such petition against the registration books. 

7. Oath of successful candidate; powers and duties. On Friday next 
succeeding the day of election in 1965, and on the first Monday in December, 
next succeeding the day of election thereafter, the mayor and aldermen 
elected thereat shall qualify by taking the oath now provided by law for 
commissioners of towns; shall succeed to and have all the rights, powers 
and duties now provided by law for such board as well as those conferred 
on them by the provisions of the Charter of the City of Winston-Salem, 
and shall hold office until their successors are elected and qualified. 

Sec. 12B. Primary Elections. 

1. Generally. Primary elections to nominate candidates of each qualified 
political party for mayor and for members of the board of aldermen shall 
be held as needed and shall be conducted in the same manner and pur- 
suant to the same statutes, rules, and regulations as other primary elec- 
tions for local offices conducted under the provisions of Article XIX of 
Chapter 163 of the General Statutes of North Carolina, except that to 
the extent such statutes, rules, and regulations differ from or conflict 
with the provisions of the Charter of the City of Winston-Salem, the latter 
shall control. A "qualified political party" shall be one which was qualified 

64 



1965— Session Laws Ch. 13-14 

as a political party at the preceding gubernatorial election as denned by 
General Statute 163-144. The persons receiving the highest number of 
votes of their respective parties shall be deemed to be the nominees of 
their said respective parties and for said offices; provided, that no one 
shall participate in such election except duly qualified voters who affiliate 
with the political party in whose primary he seeks to vote. In the event 
of a tie vote between two or more candidates, all of whom receive the 
same highest vote for party nomination, the city executive committee 
or other duly constituted administrative body of the political party of 
said candidates shall determine which shall be the nominee. 

2. Time of holding. The primary in 1965 shall be held at a date to 
be fixed by the board of elections, which date shall be not later than the 
second Tuesday before the general municipal election in 1965, and in 
1966 and biennially thereafter the primary shall be held on the same day 
as the regular biennial primary election for county officials. 

3. Notice of candidacy to be filed; pledge. Every candidate for selection 
as the nominee of any political party for the office of mayor or member of 
the board of aldermen shall file with the secretary of the board of elec- 
tions by twelve o'clock Noon on the third Friday before such primary 
election is to be held in 1965, and by twelve o'clock Noon on or before 
the Friday preceding the sixth Saturday before such primary election is 
to be held in 1966 and thereafter, a notice of his candidacy and pledge in 
the following form, the blanks being properly filled in and the same signed 
by the candidate: 

'I hereby file my notice as a candidate for the nomination as 

in the primary election to be held on the 

day of , I affiliate with the 

party, and I hereby pledge myself to abide by 

the result of said primary, and to support in the next general municipal 
election all candidates nominated by the party.' " 

Sec. 2. All laws and clauses of laws in conflict herewith, including any 
laws heretofore enacted at this Session of the General Assembly, are 
hereby repealed and wherever the General Statutes and Private Laws con- 
flict with this Act, this Act shall control. 

Sec. 3. This Act, if adopted on or before February 26, 1965, shall 
be in full force and effect from and after its adoption. This Act, if adopted 
after February 26, 1965, shall be in full force and effect from and after 
July 1, 1965. 

In the General Assembly read three times and ratified, this the 26th 
day of February, 1965. 

S. B. 41 CHAPTER 14 

AN ACT TO PROHIBIT THE BURNING OF BUILDINGS OWNED BY 
THE STATE OF NORTH CAROLINA OR ANY OF ITS AGENCIES, 
INSTITUTIONS OR SUBDIVISIONS. 

The General Assembly of North Carolina do enact: 

Section 1. G. S. 14-59, as it appears in 1953 Recompiled Volume IB 
of the General Statutes, is hereby amended by adding in line 2 of the 

65 



Ch. 14-15-16 1965— Session Laws 

text of said Section, immediately following the word "State," and im- 
mediately before the word "or" the following: 

"or any building owned by the State or any of its agencies, institutions, 
or subdivisions,". 

Sec. 2. All laws and clauses of laws in conflict with this Act are hereby 
repealed. 

Sec. 3. This Act shall be in full force and effect from and after its 
ratification. 

In the General Assembly read three times and ratified, this the 26th 
day of February, 1965. 

S. B. 17 CHAPTER 15 

AN ACT TO AMEND G. S. 122-105 SO AS TO ELIMINATE THE RE- 
QUIREMENT OF A REQUEST FOR RECOMMENDATION FROM 
THE PRESIDENT OF THE NORTH CAROLINA DENTAL SOCIETY 
FOR THE NOMINATION OF A MEMBER OF THE MENTAL 
HEALTH COUNCIL. 

The General Assembly of North Carolina do enact: 

Section 1. G. S. 122-105, as the same appears in the 1964 Replacement 
Volume of the General Statutes, is hereby amended by striking out the 
words "after requesting recommendations from the President of the North 
Carolina Dental Society" in lines 12 and 13. 

Sec. 2. All laws and clauses of laws in conflict with this Act are hereby 
repealed. 

Sec. 3. This Act shall be in full force and effect upon its ratification. 
In the General Assembly read three times and ratified, this the 2nd 
day of March, 1965. 

S. B. 18 CHAPTER 16 

AN ACT TO AMEND G. S. 131-117 SO AS TO ELIMINATE THE RE- 
QUIREMENT OF A REQUEST FOR RECOMMENDATION FROM 
THE PRESIDENT OF THE NORTH CAROLINA DENTAL SOCIETY 
FOR THE NOMINATION OF A MEMBER OF THE MEDICAL CARE 
COMMISSION. 

The General Assembly of North Carolina do enact: 

Section 1. G. S. 131-117, as the same appears in the 1964 Replacement 
Volume of the General Statutes, is hereby amended by striking out the 
words "after requesting recommendations from the President of the North 
Carolina Dental Society" in lines 10 and 11. 

Sec. 2. All laws and clauses of laws in conflict with this Act are hereby 
repealed. 

Sec. 3. This Act shall be in full force and effect upon its ratification. 

In the General Assembly read three times and ratified, this the 2nd 
day of March, 1965. 



66 



1965— Session Laws Ch. 17-18 

S. B. 25 CHAPTER 17 

AN ACT TO AMEND CHAPTER 739 OF THE 1963 SESSION LAWS 
OF NORTH CAROLINA TO INCLUDE ALAMANCE, GUILFORD, 
AND WAYNE COUNTIES. 

The General Assembly of North Carolina do enact: 

Section 1. Chapter 739 of the Session Laws of 1963 is amended by 
adding in line five of Section 1, following the word "Forsyth" a comma 
and deleting thereafter the word "County" and substituting therefor the 
words: "Alamance, Duplin, Guilford, Vance, Wake, and Wayne Counties". 

Sec. 2. Chapter 739 of the Session Laws of 1963 is further amended 
by the deletion in Section 2 thereof the words "County and Duplin 
County." and substituting therefor the words: "Alamance, Duplin, Guilford, 
and Wayne Counties." 

Sec. 3. All laws and clauses of laws in conflict with the provisions of 
this Act are repealed. 

Sec. 4. This Act shall be in full force and effect from and after its 
ratification. 

In the General Assembly read three times and ratified, this the 2nd 
day of March, 1965. 

S. B. 26 CHAPTER 18 

AN ACT AUTHORIZING THE BOARD OF EDUCATION OF PITT 
COUNTY TO CONVEY A PORTION OF THE ARTHUR SCHOOL 
PROPERTY TO THE BELL ARTHUR FIRE DEPARTMENT, INC. 

WHEREAS, the Pitt County Board of Education now holds title to 
that certain school property described as follows: 

"Consisting of approximately three acres of the Arthur School Site 
on which is located the Arthur Teacherage and the old lunchroom building, 
which is now being used as headquarters for the Bell Arthur Fire De- 
partment and being Tract No. 3 (three) on a map of the Bell Arthur 
School Property made by Joe M. Dresbach in November, 1963, on file in 
the office of D. H. Conley, Secretary, Pitt County Board of Education, 
Greenville, North Carolina, to which map reference is hereby made for 
an accurate and complete description." 

WHEREAS, this property is no longer needed for use as a public school 
site since the Arthur children are now attending school in Winterville 
and Farmville; and 

WHEREAS, it is the judgment of the Pitt County Board of Education 
that it would be in the public interest to allow the use of the property 
described herein for use of the Arthur Fire Department, Inc.; and 

WHEREAS, this property is now under lease by the Pitt County Board 
of Education to the Arthur Fire Department, Inc. 

The General Assembly of North Carolina do enact: 

Section 1. That the Pitt County Board of Education be and it is hereby 
authorized, empowered, and directed to convey by good and sufficient 

67 



Ch. 18-19-20 1965— Session Laws 

deed title to the land described herein and the buildings thereon to the 
Arthur Fire Department, Inc. 

Sec. 2. All laws and clauses of laws in conflict with the provisions of 
this Act are hereby repealed. 

Sec. 3. This Act shall be in full force and effect from and after its 
ratification. 

In the General Assembly read three times and ratified, this the 2nd 
day of March, 1965. 

H. B. 5 CHAPTER 19 

AN ACT PERTAINING TO A WATERSHED IMPROVEMENT PRO- 
GRAM IN UNION COUNTY. 

The General Assembly of North Carolina do enact: 

Section 1. The Board of County Commissioners of Union County is 
hereby authorized to exercise power and authority under Article 3 of 
Chapter 139 of the North Carolina General Statutes, for that purpose 
to levy, collect and expend funds derived from a special "watershed im- 
provement tax", not to exceed one-half of one cent ( a /2</-) on each one 
hundred dollar ($100.00) valuation of property in said county, by appro- 
priate resolution of the board and without an election provided for under 
G. S. 139-39 and G. S. 139-40. The expenditure of funds derived from the 
special tax for the purposes of Article 3, Chapter 139 of the General 
Statutes is hereby declared to be for a special purpose for which the 
special approval of the General Assembly is hereby given, and a necessary 
expense. 

Sec. 2. Section 2 of Chapter 794 of the Session Laws of 1961 is hereby 
amended by inserting the word "Union," immediately before the word 
"Wake" in line one thereof. Chapter 955 of the Session Laws of 1963 
is hereby amended by inserting the words "and Union County" immediately 
following the words "Iredell County" in line 2 of Section 1 and in Section 2. 

Sec. 3. All laws and clauses of laws in conflict with this Act are hereby 
repealed. 

Sec. 4. This Act shall become effective upon its ratification. 

In the General Assembly read three times and ratified, this the 2nd 
day of March, 1965. 

H. B. 15 CHAPTER 20 

AN ACT TO PROVIDE FOR AN ELECTION TO BE HELD IN THE 
CITY OF FAYETTEVILLE IN CUMBERLAND COUNTY TO DE- 
TERMINE WHETHER G. S. 160-340 SHALL BE AMENDED INSO- 
FAR AS IT PERTAINS TO THE NUMBER OF THE MEMBERS OF 
THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE. 

The General Assembly of North Carolina do enact: 

Section 1. G. S. 160-340, as amended, is hereby further amended by 
adding at the end of said Section the following proviso: "Provided, that 
in the City of Fayetteville the city council shall consist of six members 

68 



1965— Session Laws Ch. 20-21 

(plus the mayor) to be elected by the qualified voters of the entire city 
at large for a term of two years and until their successors are elected 
and qualified." 

Sec. 2. This Act shall apply only to the City of Fayetteville in Cum- 
berland County and Section 1 shall not take effect until it has been ap- 
proved by a majority of the voters participating in the next municipal 
election held following the ratification of this Act. In the event a majority 
of the votes cast by the qualified voters in the election herein provided for 
shall be for the approval of Section 1 of this Act, the next succeeding 
municipal primary and election, and all subsequent primaries and elections, 
shall be conducted in accordance with the provisions of said Section 1 
insofar as the nomination and election of members of the city council are 
concerned. The mayor and other members of the city council so elected 
according to the provisions of said Section 1 shall assume their duties on 
the date now prescribed by law for the members of the city governing 
body. 

Sec. 3. In the event a majority of the votes cast by the qualified voters 
in the election herein provided for shall be against the approval of Section 
1 of this Act, then the number and election of the members of the city 
council of the City of Fayetteville shall be and remain as at present pro- 
vided by law. 

Sec. 4. The election herein provided for shall be called and conducted 
in the same manner as the municipal elections are now conducted in the 
City of Fayetteville and the result shall be canvassed and certified as now 
provided by law. 

Sec. 5. The qualified voters who favor the approval of Section 1 of 
this Act shall vote a ballot on which shall be written or printed the words, 
"For change to election of six city council members plus the mayor"; 
and those who oppose the approval of said Section 1 shall vote a ballot 
on which shall be written or printed the words "Against change, and for 
continuation of present system of election of four city council members 
plus the mayor." 

Sec. 6. All laws and clauses of laws in conflict with this Act are hereby 
repealed. 

Sec. 7. This Act shall become effective from and after its ratification. 

In the General Assembly read three times and ratified, this the 2nd 
day of March, 1965. 

H. B. 18 CHAPTER 21 

AN ACT TO AMEND ARTICLES 20A AND 20B OF THE GENERAL 
STATUTES RELATING TO COUNTY REGULATION OF SUBDI- 
VISIONS AND ZONING SO AS TO MAKE THEM APPLICABLE TO 
WASHINGTON COUNTY. 

The General Assembly of North Carolina do enact: 

Section 1. G. S. 153-266.9 and G. S. 153-266.22 are hereby amended by 
striking out the words "and Washington" in the last line of each of said 
Sections. 

69 



Ch. 21-22-23-24 1965— Session Laws 

Sec. 2. All laws and clauses of laws in conflict with this Act are hereby 
repealed. 

Sec. 3. This Act shall become effective upon its ratification. 

In the General Assembly read three times and ratified, this the 2nd 
day of March, 1965. 

H. B. 22 CHAPTER 22 

AN ACT TO AUTHORIZE THE BOARD OF COUNTY COMMISSIONERS 
OF HOKE COUNTY TO MOVE THE OFFICE OF THE SHERIFF 
FROM ITS PRESENT LOCATION IN THE COURTHOUSE TO 
SUCH OTHER LOCATION AND COUNTY BUILDING AS IT MAY 
DEEM APPROPRIATE. 

The General Assembly of North Carolina do enact: 

Section 1. The Board of County Commissioners of Hoke County is 
authorized in its discretion to move the office of the Sheriff of said county 
to such location and into any such building in the county seat of said county 
as it may deem proper and appropriate. 

Sec. 2. All laws and clauses of laws in conflict with this Act are hereby 
repealed. 

Sec. 3. This Act shall be in full force and effect upon its ratification. 

In the General Assembly read three times and ratified, this the 2nd 
day of March, 1965. 

H. B. 28 CHAPTER 23 

AN ACT TO REPEAL SECTION 12 OF CHAPTER 776 OF THE 1963 
SESSION LAWS OF NORTH CAROLINA RELATING TO THE 
CHARTER OF THE TOWN OF RANLO IN GASTON COUNTY. 

The General Assembly of North Carolina do enact: 

Section 1. Section 12 of Chapter 776 of the 1963 Session Laws of 
North Carolina is hereby repealed. 

Sec. 2. All laws and clauses of laws in conflict with this Act are hereby 
repealed. 

Sec. 3. This Act shall be in full force and effect from and after its 
ratification. 

In the General Assembly read three times and ratified, this the 2nd 
day of March, 1965. 

H. B. 33 CHAPTER 24 

AN ACT TO EXTEND THE PLANNING, ZONING, AND BUILDING 
REGULATION POWERS OF THE CITY OF WILSON AND ITS 
GOVERNING BODY TO THE TERRITORY BEYOND AND SUR- 
ROUNDING THE CORPORATE LIMITS OF THE CITY OF WILSON 
FOR A DISTANCE OF ONE MILE IN ALL DIRECTIONS. 

The General Assembly of North Carolina do enact: 

Section 1. For the purpose of promoting the orderly growth, expansion 
and development of the City of Wilson and the surrounding territory here- 

70 



1965— Session Laws Ch. 24 

inafter defined, and for the purpose of promoting the health, safety, 
morals or general welfare of the citizens of the City of Wilson and of the 
territory and community beyond and surrounding the corporate limits of 
the said municipality, as hereinafter defined, the governing body of the City 
of Wilson is hereby authorized and empowered to adopt such ordinances 
and regulations as may be considered necessary or expedient by the 
governing body of the City of Wilson to regulate, control and restrict the 
height, number of stories and size of buildings and other structures, the 
percentage of a lot that may be occupied, the size of yards, courts and 
other open spaces, the density of population, and the location and use 
of buildings, structures and land for trade, industry, residence or other 
purposes, the construction of buildings, including plumbing, heating and 
electrical installations, and the names of streets, and the city may provide 
street name signs in the area, not only within the corporate limits 
of the City of Wilson, but also, when specifically provided by the terms of 
any such ordinance, within the territory and community beyond and sur- 
rounding the corporate boundaries of the City of Wilson, as now or here- 
after fixed, for a distance of one mile of and beyond such corporate 
boundaries in all directions; and within the aforesaid territory beyond 
the corporate boundaries, the governing body of the City of Wilson is 
hereby authorized and empowered to exercise any and all powers of 
planning and zoning and building and subdivision regulations conferred 
upon the City of Wilson and vested in its governing body by the Charter 
of the City of Wilson, and the General Statutes of North Carolina, as 
amended from time to time, including but not being limited to the pro- 
visions of Article 14 and Part 3A of Article 18 of Chapter 160 of the 
General Statutes, and by any other statute applicable to the City of Wilson, 
to the same extent and according to the same methods of procedure as 
applicable to zoning and planning and subdivision and building regulations 
within the corporate limits of the City of Wilson. 

Sec. 2. The City of Wilson is authorized, in order to enforce properly 
the provisions of any zoning ordinance, subdivision control ordinance, or 
building regulation, to require by ordinance that prior to the beginning 
of any construction, reconstruction or alteration of any building or struc- 
ture, or for plumbing, heating or electrical installations within said area, 
a permit or permits be obtained therefor from the building inspector of 
the City of Wilson. All permits, plans, inspections and fees which are 
specified in the Wilson Code or Ordinances will apply to such area within 
one mile beyond the corporate limits. 

Sec. 3. The provisions of this Act shall apply only to the City of 
Wilson and to the territory within the corporate limits of the City of 
Wilson and that territory beyond and surrounding the corporate limits 
of the City of Wilson for a distance of one mile beyond the same in all 
directions. 

Sec. 4. All laws and clauses of laws in conflict with the provisions of 
this Act are hereby repealed to the extent of such conflict. 

Sec. 5. This Act shall be in full force and effect from and after its 
ratification. 

71 



Ch. 24-25-26 1965— Session Laws 

In the General Assembly read three times and ratified, this the 2nd 
day of March, 1965. 

H. B. 37 CHAPTER 25 

AN ACT TO AMEND CHAPTER 160, SUBCHAPTER II, ARTICLE 22, 
OF THE GENERAL STATUTES OF NORTH CAROLINA RELATING 
TO THE FILING FEES OF CANDIDATES FOR NOMINATION BY 
THE PRIMARY ELECTION IN THE CITY OF FAYETTEVILLE, 
NORTH CAROLINA. 

The General Assembly of North Carolina do enact: 

Section 1. G. S. 160-335 is hereby amended by adding at the end of 
subsection (c) of said Section the following proviso: "Provided, that in 
the City of Fayetteville any person desiring to become a candidate for 
nomination in the primary for the office of mayor or councilman or any 
other elective office of the city shall at the time of filing a statement of 
such candidacy pay to the clerk, to be turned over to the Chairman of the 
County Board of Elections of Cumberland County, the sum of twenty-five 
dollars ($25.00). 

Sec. 2. All laws and clauses of laws in conflict with this Act are hereby 
repealed. 

Sec. 3. This Act shall become effective upon its ratification. 

In the General Assembly read three times and ratified, this the 2nd 
day of March, 1965. 

H. B. 44 CHAPTER 26 

AN ACT TO AMEND G. S. 153-9(11) SO AS TO CLARIFY THE PLACE 
OF DEPOSIT OF BONDS OF PUBLIC OFFICIALS IN FORSYTH 
COUNTY. 

The General Assembly of North Carolina do enact: 

Section 1. G. S. 153-9(11) is hereby amended by adding at the end of 
the first paragraph thereof a sentence to read as follows: "The provisions 
of this Section relating to the place of deposit of the bonds of county 
officials shall govern in Forsyth County, nothwithstanding contrary pro- 
visions in other Chapters and Sections of the General Statutes of North 
Carolina." 

Sec. 2. This Act shall be applicable to Forsyth County only. 

Sec. 3. All laws and clauses of laws in conflict herewith are hereby 
repealed. 

Sec. 4. This Act shall be in full force and effect from and after 
ratification. 

In the General Assembly read three times and ratified, this the 2nd 
day of March, 1965. 



72 



1965— Session Laws Ch. 27-28-29 

H. B. 47 CHAPTER 27 

AN ACT TO AMEND CHAPTER 247 OF THE SESSION LAWS OF 
1963 RELATING TO THE MEMBERSHIP OF THE COUNTY BOARD 
OF PUBLIC WELFARE OF BURKE COUNTY. 

The General Assembly of North Carolina do enact: 

Section 1. Section 2% of Chapter 247 of the Session Laws of 1963 is 
amended by striking out in line 2 of said Section the word "Burke". 

Sec. 2. All laws and clauses of laws in conflict with this Act are hereby 
repealed. 

Sec. 3. This Act shall become effective upon its ratification. 

In the General Assembly read three times and ratified, this the 2nd 
day of March, 1965. 

H. B. 51 CHAPTER 28 

AN ACT TO AUTHORIZE THE BOARD OF COMMISSIONERS OF 
GRANVILLE COUNTY TO ADOPT THE FLAG OF EARL OF 
GRANVILLE AS THE FLAG OF GRANVILLE COUNTY. 

The General Assembly of North Carolina do enact: 

Section 1. The Board of Commissioners of Granville County are hereby 
authorized to adopt the flag of John Carteret, Earl of Granville, which is 
described as a pennon double its height in length and having four white 
diamonds co-joined on a red field, as and for the flag or banner of the 
County of Granville. 

Sec. 2. The adoption of said flag by the Board of Commissioners of 
Granville County at its meeting of Monday, August 3, 1964, is hereby 
ratified and confirmed. 

Sec. 3. All laws and clauses of laws in conflict with this Act are hereby 
repealed to the extent of such conflict. 

Sec. 4. This Act shall be in full force and effect from and after its 
ratification. 

In the General Assembly read three times and ratified, this the 2nd 
day of March, 1965. 

H. B. 60 CHAPTER 29 

AN ACT TO AUTHORIZE NORTHAMPTON COUNTY TO SPEND 
CERTAIN SURPLUS FUNDS TO EXPAND THE TRI-COUNTY 
AIRPORT. 

The General Assembly of North Carolina do enact: 

Section 1. In order to increase the employment opportunities of the 
people of Northampton County, by helping to provide airport facilities re- 
quired by industrial prospects, and in order to make available to the people 
of Northampton County the full advantages of air transportation, the 
Board of County Commissioners of Northampton County is hereby author- 
ized to appropriate funds for the improvement of the Tri-County Airport, 

73 



Ch. 29-30-31 1965— Session Laws 

and the expenditures to be made from the appropriations are hereby de- 
clared to be for a necessary expense. 

Sec. 2. From surplus funds in the General Fund of the County, from 
whatever source derived, on hand on July 1, 1965, not needed to meet 
appropriations for the General Fund for the fiscal year 1965-1966, the 
Board of County Commissioners of Northampton County may appropriate 
and expend not more than twelve thousand five hundred dollars ($12,500.00) 
for the purpose of improving the Tri-County Airport. And from similar 
funds on hand on July 1, 1966, the Board of County Commissioners may, 
in its discretion, appropriate and expend an additional twelve thousand 
five hundred dollars ($12,500.00). 

Sec. 3. All laws and clauses of laws in conflict with this Act are hereby 
repealed. 

Sec. 4. This Act shall be effective upon its ratification. 

In the General Assembly read three times and ratified, this the 2nd 
day of March, 1965. 



S. B. 9 CHAPTER 30 

AN ACT TO AMEND THE CHARTER OF THE CITY OF THOMAS- 
VILLE, RELATING TO THE ADOPTION OF UNIFORM CODES BY 
REFERENCE. 

The General Assembly of North Carolina do enact: 

Section 1. Section 37 of Chapter 196 of the Private Laws of 1929 is 
amended by adding an additional subsection immediately following sub- 
section (1) to be designated as subsection (m) and to read as follows: 

"(m) To provide for the adoption, by reference, of standard building, 
electric, plumbing, gas or other similar codes." 

Sec. 2. All laws and clauses of laws in conflict with this Act are hereby 
repealed. 

Sec. 3. This Act shall be in full force and effect from and after its 
ratification. 

In the General Assembly read three times and ratified, this the 3rd 
day of March, 1965. 



S. B. 10 CHAPTER 31 

AN ACT TO MAKE CHARLOTTE COLLEGE A CAMPUS OF THE 
UNIVERSITY OF NORTH CAROLINA UNDER THE DESIGNA- 
TION "THE UNIVERSITY OF NORTH CAROLINA AT CHAR- 
LOTTE". 

The General Assembly of North Carolina do enact: 

Section 1. G. S. 116-2 is amended by adding at the end of that Sec- 
tion the following new paragraph: 

"On July 1, 1965, The University of North Carolina at Charlotte shall 
become a campus of The University of North Carolina." 

74 



1965— Session Laws Ch. 31 

Sec. 2. (a) Part 4 of Article 1 of Chapter 116 of the General Statutes 
is redesignated Part 5 of that Article, and Part 3A of Article 1 of Chapter 
116 of the General Statutes is redesignated Part 4 of that Article. 

(b) A new Part 3A of Article 1 of Chapter 116 of the General Statutes 
is enacted to read as follows: 

"Part 3A. The University of North Carolina at Charlotte. 

"§ 116-39. The University of North Carolina at Charlotte, (a) Charlotte 
College shall become a campus of The University of North Carolina under 
the designation 'The University of North Carolina at Charlotte' on July 
1, 1965, whereupon it shall cease to be subject to the terms of Article 2, 
Chapter 116, of the General Statutes and shall become subject to the terms 
of Article 1, Chapter 116, of the General Statutes. 

"(b) The Board of Trustees of Charlotte College shall, on or before 
July 1, 1965, execute proper legal instruments conveying to The University 
of North Carolina, without consideration, all right, title, and interest of 
the grantor in and to the real and personal property of Charlotte College, 
including all endowments, executory contracts, and unexpended State 
appropriations. Mecklenburg County shall continue to be solely liable for 
the repayment of all indebtedness incurred by that county in aid of Char- 
lotte College." 

Sec. 3. (a) G. S. 116-45(6) is amended by striking from line 1 ", 
Charlotte College,". 

(b) G. S. 116-45.2 is amended: 

(1) by striking from the caption, ", Charlotte College"; 

(2) by striking from line 2 of subsection (a) ", Charlotte College,"; 

(3) by striking from lines 2 and 3 of subsection (b) ", for Charlotte 
College,"; 

(4) by striking from lines 1 and 2 of subsection (c) ", the board of 
trustees of the Charlotte Community College System,"; 

(5) by striking from line 5 of subsection (c) ", the new board of 
trustees of Charlotte College,"; 

(6) by striking from line 8 of subsection (c) ", Charlotte College,"; 

(7) by striking from line 13 of subsection (c) ", Mecklenburg,"; 

(8) by striking from line 15 of subsection (c) ", Charlotte College,"; and 

(9) by striking from lines 18 and 19 and from lines 23 and 24 ", Char- 
lotte College". 

(c) G. S. 116-175(1) is amended by striking from line 7 "Charlotte 
College". 

(d) G. S. 116-186 is rewritten to read as follows: 

"§ 116-186. Registration and regulation of motor vehicles maintained 
and operated by students on campuses. The respective boards of trustees 
of the institutions enumerated in Articles 1, 2, and 3 of Chapter 116 of 
the General Statutes may adopt reasonable rules and regulations govern- 
ing the registration and operation on the campuses thereof of motor vehicles 
maintained and operated by students enrolled therein and may, in con- 
nection with such registration, charge a fee therefor not in excess of 
twenty-five dollars ($25.00) annually, which fee shall be placed in a 
special fund at each institution, to be used by appropriate resolution of 

75 



Ch. 31-32 1965— Session Laws 

the board of trustees to develop, maintain, and supervise parking areas 
and facilities. No fee shall be charged on those motor vehicles operated 
by physically handicapped students." 

(e) G. S. 116-189(1) is amended by striking from line 4 "Charlotte 
College,". 

(f) G. S. 116-189(3) is rewritten to read as follows: 

"(3) The word 'institution' shall mean each of the institutions enum- 
erated in §116-2 and §116-45." 

Sec. 4. All laws and clauses of laws in conflict with this Act are hereby 
repealed. 

Sec. 5. G. S. §116-39(b), set forth in Section 2(b) of this Act, shall 
take effect upon the ratification of this Act. The remainder of this Act 
shall take effect on July 1, 1965. 

In the General Assembly read three times and ratified, this the 3rd 
day of March, 1965. 



H. B. 49 CHAPTER 32 

AN ACT TO EXTEND THE TOWN LIMITS OF THE TOWN OF 
ROBERSONVILLE IN MARTIN COUNTY. 

The General Assembly of North Carolina do enact: 

Section 1. The town limits of Robersonville in Martin County are 
hereby extended by the incorporation within the said town limits of the 
following described property: 

BEGINNING at an iron in concrete marker on the town limits of 
the Town of Robersonville on the northwest side of Green Street Extension, 
running thence North 56 degrees 15 minutes East 675.5 feet on the K. 
Roberson line to an iron; running thence South across Green Street 
Extension and K. Roberson line South 45 degrees 30 minutes East 213 
feet to an iron on Minnie Cochran line; running thence South 13 degrees 
00 minutes West 624.6 feet to an iron; running thence North 57 degrees 
15 minutes West 699 feet to the point of beginning and containing 5.23 
acres of land on the northeast edge of the Town of Robersonville. For a 
more particular description see map of same prepared by Robert F. Wilson, 
R.L.S., dated April 28, 1964, titled "Property of R. B. Nelson", as recorded 
in the office of the Register of Deeds of Martin County. 

Sec. 2. All laws and clauses of laws in conflict with this Act are hereby 
repealed. 

Sec. 3. This Act shall be in full force and effect from and after 
ratification. 

In the General Assembly read three times and ratified, this the 3rd 
day of March, 1965. 



76 



1965— Session Laws Ch. 33-34 

H. B. 81 CHAPTER 33 

AN ACT TO AMEND CHAPTER 734, SESSION LAWS OF 1955, RE- 
LATING TO ELECTIONS IN WINSTON-SALEM AND FORSYTH 
COUNTY. 

The General Assembly of North Carolina do enact: 

Section 1. Section 2(b) of Chapter 734 of the Session Laws of 1955 is 
hereby amended by deleting the words and numbers "fourteen (14)" in lines 
36 and 41 and inserting in lieu thereof the words and numbers "twenty-one 
(21)". 

Sec. 2. All laws and clauses of laws in conflict with this Act are hereby 
repealed. 

Sec. 3. This Act shall be in full force and effect upon its ratification. 

In the General Assembly read three times and ratified, this the 3rd 
day of March, 1965. 



H. B. 87 CHAPTER 34 

AN ACT TO AMEND CHAPTER 113, PRIVATE LAWS OF 1903 AND 
TO REPEAL CHAPTER 153, SESSION LAWS OF 1957, RELATING 
TO THE TOWN OF BREVARD. 

The General Assembly of North Carolina do enact: 

Section 1. Section 3 of Chapter 113, Private Laws of 1903, is hereby 
amended by rewriting the same to read as follows: 

"Section 3. There shall be a Mayor and five (5) Aldermen elected for 
the government of the Town of Brevard. The regular municipal elections 
shall be held biennially in the odd-numbered years at the time and under 
the regulations prescribed by general law for municipal elections. The 
term of office of the Mayor shall be two (2) years, and the terms of office 
of Alderman shall be four (4) years; provided, at the election held in 
1965 three (3) Aldermen shall be elected for terms of two (2) years 
and two (2) Aldermen shall be elected for terms of four (4) years." 

Sec. 2. Chapter 113, Private Laws of 1903, is further amended by in- 
serting therein, between Sections 3 and 4 thereof, a new Section to be 
designated as Section 3 A and to read as follows: 

"Section 3A. Each qualified person who would offer himself as a can- 
didate for the office of Mayor or Alderman shall file with the Town Clerk 
a statement giving notice of his candidacy. Such notice shall be filed not 
earlier than sixty (60) days nor later than ten (10) days prior to the 
election at which he offers his candidacy; shall be accompanied by a filing 
fee of five dollars ($5.00); shall, if for the office of Alderman, indicate 
whether the candidacy is for a full four (4) year term or an unexpired 
two (2) year term, if any are to be filled; and shall be substantially in 

the following form: "I, , 

do hereby give notice that I am a candidate for the office of (Mayor 

Alderman) to be voted on at the election to be held on 

, for a term of years; and I hereby request 

77 



Ch. 34-35 1965— Session Laws 

that my name be placed on the official ballot for such office. I also certify 
that I am a resident and qualified voter of the Town of Brevard, residing 
at 

Signature 

Date 

Witness: " 

"Provided, that candidates for the office of Alderman in the 1965 election 
shall in such statement indicate whether the candidacy is for a four (4) 
year term or a two (2) year term." 

Sec. 3. Section 4 of Chapter 113, Private Laws of 1903, is hereby 
amended by striking out the first sentence thereof and by inserting in lieu 
thereof the following language. 

"In the event a vacancy occurs in the office of the Mayor, the Board 
of Aldermen may fill it for the remainder of the term. In the event a 
vacancy in the office of Alderman occurs during the final two years of a 
regular term, the remaining members of the Board may fill it for the re- 
mainder of the term. In the event a vacancy in the office of Alderman 
occurs during the first two years of a regular term, the remaining mem- 
bers of the Board may fill it until the next election, at which it shall be 
filled by the voters for the remaining two years of the term." 

Sec. 4. The salary of the Mayor shall be set at the discretion of the 
Board of Aldermen at the beginning of each term of said Mayor, but in 
no event shall exceed the sum of fifteen hundred dollars ($1500.00) per 
annum, to be paid in equal monthly installments from the General Fund 
of the Town. Each member of the Board of Aldermen shall receive for his 
services a salary of three hundred dollars ($300.00) per annum to be paid 
in equal monthly installments from the General Fund of the Town. In 
addition, each member of the Board of Aldermen shall receive fifteen dol- 
lars ($15.00) for each special meeting of the Board attended by him, payable 
from the General Fund of the Town. 

Sec. 5. Chapter 153, Session Laws of 1957, is hereby repealed. 

Sec. 6. All laws and clauses of laws in conflict with the provisions of 
this Act are hereby repealed. 

Sec. 7. This Act shall be in full force and effect from and after its 
ratification. 

In the General Assembly read three times and ratified, this the 3rd 
day of March, 1965. 

H. B. 130 CHAPTER 35 

AN ACT TO AMEND ARTICLES 24 OF CHAPTER 7 OF THE GEN- 
ERAL STATUTES OF NORTH CAROLINA AND CHAPTER 385, 
SESSION LAWS OF 1957, RELATING TO RECORDER'S COURT IN 
THE CITY OF BELMONT. 

The General Assembly of North Carolina do enact: 

Section 1. The quoted portion of Section 1 of Chapter 385, Session 
Laws of 1957, is hereby rewritten to read as follows: 

78 



1965— Session Laws Ch. 35-36 

"That if and when a Recorder's Court for the City of Belmont is estab- 
lished under the provisions of this Article, some suitable person who may 
be an attorney at law and who shall be of good moral character, shall be 
elected by the Board of Commissioners of the City of Belmont as Recorder 
of said Court to serve for a term of two (2) years and until his successor 
is appointed and qualified, and the Board of Commissioners shall have 
full power and authority to select and elect the said Recorder, and each 
successive Recorder biennially thereafter. The said Recorder shall be 
elected by the Board of Commissioners of the City of Belmont within thirty 
(30) days from the creation and establishment of said Court. If a vacancy 
occurs in the office of Recorder at any time, the same shall be filled by the 
election of a successor for the unexpired term by the governing body of 
the City of Belmont, at a regular or special meeting called for that pur- 
pose; provided, that before entering upon the discharge of their duties here- 
under, the Recorder, the Vice-Recorder and the prosecuting attorney, who 
may be elected under the provisions of this Article, shall take and sub- 
scribe before some person authorized to administer oaths, the oath required 
of Judge and Solicitors of the Superior Court; provided, that the governing 
body of such city is hereby authorized to provide a schedule of fees to be 
charged by said Recorder." 

Sec. 2. G. S. 7-203, as it appears in the 1953 Recompiled Volume IB 
of the General Statutes of North Carolina, is hereby amended by adding 
at the end thereof the following: 

"That if and when a Recorder's Court is established in the City of 
Belmont under the provisions of this Article, the Board of Commissioners 
of the City of Belmont shall elect some suitable person as prosecuting 
attorney at the same time, in the same manner and for the same term 
as is provided herein for Recorder and Vice-Recorder and vacancies shall 
be filled in the same manner as is provided for Recorder and Vice- 
Recorder." 

Sec. 3. All laws and clauses of laws in conflict with this Act are hereby 
repealed. 

Sec. 4. This Act shall become effective upon its ratification. 

In the General Assembly read three times and ratified, this the 3rd 
day of March, 1965. 

S. B. 19 CHAPTER 36 

AN ACT TO REVISE AND CONSOLIDATE THE CHARTER OF THE 
TOWN OF FARMVILLE, NORTH CAROLINA. 

The General Assembly of North Carolina do enact: 

Corporate Powers 
Section 1. Incorporation and Corporate Powers. The inhabitants of the 
Town of Farmville, North Carolina, within the boundaries as established in 
Section 3 of this Charter or as hereafter established in the manner pro- 
vided by law, shall continue to be a body politic and corporate by name 
of the Town of Farmville, and under that name shall have perpetual 
succession; may use a corporate seal; may sue and be sued; may acquire 

79 



Ch. 36 1965 — Session Laws 

property within or without its boundaries for any municipal purpose, in 
fee simple or lesser interest or estate, by purchase, gift, devise, lease or 
condemnation and may sell, lease, hold, manage and control such property 
as its interests may require, and except as prohibited by the Constitution 
of North Carolina or restricted by Charter, the Town of Farmville shall 
have and may exercise all municipal powers, functions, rights, privileges 
and immunities of every name and nature, whatsoever. The following shall 
be deemed to be a part of the powers conferred upon the Town of Farm- 
ville by this Section: 

(1) To levy, assess and collect taxes and to borrow money within the 
limits prescribed by general law; and to levy and collect special assess- 
ments for benefits conferred. 

(2) To furnish all local public services; to purchase, hire, construct, 
own, maintain and operate or lease local public utilities, to acquire, by 
condemnation or otherwise, within or without the corporate limits, prop- 
erty necessary for such purposes, subject to restrictions imposed by 
general law for the protection of other communities; and to grant local 
public utility franchises and regulate the exercise thereof. 

(3) To make local public improvements and to acquire, by condemnation, 
or otherwise, property within or without its corporate limits necessary for 
such improvements; and also to acquire an excess over that needed for 
any such improvements, and to sell or lease such excess property with re- 
strictions, in order to protect and preserve the improvements. 

(4) To sell any real or personal property upon such terms as the board 
of commissioners deems to be for the best interest of the town; provided, 
however, the board may require any property to be sold for cash at 
public auction after notice of said sale has been posted at the Town 
Hall of the Town of Farmville for a period of thirty days next preceding 
the sale and a further publication of the notice of sale for a period of four 
weeks next preceding the sale in a newspaper published in the Town of 
Farmville; provided the board may authorize said sale to be confirmed 
immediately or may prescribe a term for holding said sale open for raised 
bids; provided, further, that the board of commissioners may, in either 
event, empower and authorize the mayor and clerk to execute and deliver 
to the purchaser a deed, with or without warranties, upon payment of 
the purchase price, or compliance with the terms of the sale by the 
purchaser. 

(5) To issue and sell bonds on the security of any such excess property, 
or of any public utility owned by the town, or of the revenues thereof, or 
of both, including the case of a public utility, if deemed desirable by the 
town, a franchise stating the terms upon which, in case of foreclosure, the 
purchaser may operate such utility. 

(6) To organize and administer public libraries. 

(7) To adopt and enforce within its limits local police, sanitary and 
other similar regulations not in conflict with general laws. 

(8) To organize and administer public recreation facilities and to 
appoint a commissioner or committees to administer same, not prohibited 
by the General Statutes of the State of North Carolina. 

80 



1965 — Session Laws Ch. 36 

Sec. 2. Enumerated Powers not Exclusive. The enumeration of particu- 
lar powers by this Charter shall not be held or deemed to be exclusive, 
but in addition to the powers enumerated therein or implied thereby, 
or appropriate to the exercise of such powers, it is intended that the Town 
of Farmville shall have and may exercise, all powers which, under the 
Constitution of North Carolina, it would be competent for this Charter 
specifically to enumerate. All powers of the town, whether expressed or 
implied, shall be exercised in the manner prescribed by this Charter, or, 
if not prescribed therein, then in the manner provided by ordinance or 
resolution of the board of commissioners. 

Sec. 3. Corporate Boundaries. The corporate boundaries of the town 
shall be as follows: 

BEGINNING at an iron stake on the East side of South Main Street, 
50 feet East of the center line and approximately 850 feet North of the 
intersection of U. S. Highway No. 258 and No. 264; thence North 81 
degrees 15 minutes West 660 feet, more or less, to a corner on the West 
right of way line of the East Carolina Railroad; thence along said right 
of way, North 01 degrees 07 minutes East 1,900 feet, more or less, to a 
point of curve; thence continuing along said right of way, a curve, 1,000 
feet, more or less, to a point of tangency; thence continuing along said 
right of way North 11 degrees 11 minutes East 3,070 feet to a point, 
the southeast corner of Washington Heights; thence along the southern 
line of Washington Heights, North 45 degrees 19 minutes West 720 feet 
to an iron pipe; thence along the western line of Washington Heights 
North 11 degrees 17 minutes West 759 feet, more or less, to a point in 
the center line of the R. E. A. right of way; thence along the center line 
of the R. E. A. right of way, South 48 degrees 01 minutes West 1,080 
feet, more or less, to a point in the southern line of Westwood Subdivision; 
thence along the southern line of the Westwood Subdivision, North 88 
degrees 10 minutes West 790 feet to the southwest corner, an iron; thence 
along the western line of Westwood, North 11 degrees 50 minutes East 1,048 
feet to a corner; thence South 70 degrees 29 minutes East 714.3 feet with 
a ditch, center line to a corner; thence North 44 degrees 53 minutes East 
555.6 feet to a concrete marker in the southern line of West Church 
Street, 30 feet South of the center line thereof; thence with the southern 
line of Church Street, South 45 degrees 07 minutes East 520 feet, more 
or less, to a point; thence North 50 degrees 18 minutes East 448 feet, 
more or less, to a point in the southern line of West Wilson Street; thence 
with the southern line of Wilson Street, South 46 degrees 23 minutes East 
365 feet to a point on the western right of way of East Carolina Railroad; 
thence along said right of way, North 11 degrees 11 minutes East 830 
feet, more or less, to a point of curve; thence along said right of way, a 
curve, 2,550 feet, more or less, to a corner; thence North 64 degrees 45 
minutes East 740 feet, more or less, to a corner; thence South 25 degrees 
15 minutes East 350 feet to the northeast corner of the Dick Harris lot; 
thence with the Harris line, South 64 degrees 45 minutes West 300 feet to 
a corner; thence South 25 degrees 15 minutes East 832 feet to a concrete 
marker; thence South 62 degrees 15 minutes East 5,060 feet, more or less, 

81 



Ch. 36 1965— Session Laws 

to a point in the center line of the intersection of North Main Street and 
Contentnea Street; thence South 13 degrees 45 minutes East 5,360 feet, 
more or less, to a point on the southern right of way line of the Norfolk 
& Southern Railway; thence along said right of way, North 73 degrees 
05 minutes West 2,750.0 feet, more or less, to a concrete marker; the 
northeast corner of Clairmont Subdivision; thence South 17 degrees 17 
minutes West 206.2 feet to a point; thence South 19 degrees 17 minutes 
West 269 feet to a point; thence South 24 degrees 43 minutes East 58 
feet to a point; thence South 58 degrees 59 minutes East 77.1 feet to a 
corner; thence South 58 degrees 59 minutes East 129.9 feet to a stake, 
cornering; thence South 42 degrees 41 minutes West 216 feet to a stake; 
thence South 58 degrees 11 minutes West 125 feet to a stake; thence 
South 38 degrees 35 minutes West 87 feet to a stake; thence South 42 
degrees 25 minutes West 151 feet to a stake; thence South 45 degrees 
30 minutes West 194 feet, more or less, to a point on the northern line of 
Prince Road; thence along the North line of Prince Road, North 46 degrees 
16 minutes West 160 feet, more or less, to a point in the northeast corner 
of Prince Road and Melissa Drive; thence South 43 degrees 44 minutes 
West 60 feet to a point in the southeast corner of Prince Road and Melissa 
Drive; thence along the South side of Prince Road, North 46 degrees 
16 minutes West 340 feet to a point; thence South 43 degrees 44 minutes 
West 150 feet to a point; thence North 46 degrees 16 minutes West 685 feet 
to a point, the southwest corner of the Clairmont Subdivision; thence 
North 43 degrees 44 minutes East 150 feet to a point; thence North 17 
degrees 10 minutes East 67.1 feet to a point; thence North 43 degrees 44 
minutes East 520 feet to a point; thence North 25 degrees 18 minutes 
East 63.2 feet to a point; thence North 43 degrees 44 minutes East 183.6 
feet to an iron stake on the southern right of way line of Norfolk & 
Southern Railroad, the northwest corner of Clairmont Subdivision; thence 
along said right of way, North 73 degrees 05 minutes West 680 feet, 
more or less, to a point of curve; thence along said right of way with 
an 8 degree curve, 650 feet, more or less, to point of tangency; thence 
along said right of way, South 43 degrees 47 minutes West 1,102.8 feet 
to another point of curve; thence along said right of way with a 2 degree 
curve, 600 feet, more or less, to point of tangency; thence along said 
right of way South 31 degrees 47 minutes West 1,140 feet, more or less, 
to a concrete marker on the East side of South Main Street, 50 feet East 
of the center line; thence along the East side of South Main Street, South 
08 degrees 45 minutes West 325 feet, more or less, to the point of beginning. 

Board of Commissioners 
Sec. 4. Creation, Salary and Composition of Mayor and Board of Com- 
missioners. Except as otherwise provided in this Charter all powers of the 
town shall be vested in a board of commissioners, consisting of five 
members and a mayor, nominated and elected from the town at large in the 
manner hereinafter provided. The term of office of the mayor and the 
board of commissioners shall be as hereinafter provided and until their 
successors are elected and qualified, and shall begin on the first day of 
July next following their election. If a vacancy occurs in the office of 

82 



1965 — Session Laws Ch. 36 

mayor or commissioners, it shall be filled for the remainder of the unex- 
pired term by a majority vote of the remaining members of the board of 
commissioners. 

The mayor and each member of the board of commissioners shall re- 
ceive a salary, the amount of which shall be prescribed by ordinance. Pro- 
vided, however, that the present mayor and board of commissioners shall 
continue to receive the same salary until the same is changed as provided 
therein. 

No ordinance fixing or changing the salary of members of the board 
of commissioners or the mayor shall become effective during the current 
two-year term of office of the members of the board of commissioners 
enacting such ordinance; provided, no ordinance shall be enacted after 
March 1st and prior to election — reducing or increasing the salary of 
board members or the mayor for the next ensuing two-year term. 

Members of the board of commissioners shall be qualified electors of 
the town. A member of the board of commissioners ceasing to possess any 
of the qualifications specified in this Section, or convicted of a felony while 
in office, shall immediately forfeit his office. 

Sec. 5. Meetings of the Board of Commissioners. At 12:00 o'clock, Noon, 
on the first day of July, following a regular municipal election, the board of 
commissioners shall meet at the usual place for holding its meetings and 
newly elected members shall assume the duties of office. Thereafter the 
board of commissioners shall meet at such times as may be prescribed by 
ordinance or resolution, but not less frequently than once each month. 
Special meetings shall be called by the clerk upon request by the mayor or 
two members of the board of commissioners. Any such notice shall state 
the subject to be considered at the special meeting and no other subject 
shall be there considered. All meetings of the board of commissioners 
and of committees thereof shall be open to the public, and the rules of 
the board of commissioners shall provide that citizens of the town shall 
have a reasonable opportunity to be heard at any such meetings in regard 
to any matter considered thereat. 

Sec. 6. Mayor and Mayor Pro Tern. At its first meeting in the month 
of July following a regular municipal election, the board of commissioners 
shall choose one of its members as vice-chairman, who shall act as mayor 
pro tern. The mayor shall preside at meetings of the board of commissioners 
and shall exercise such other powers and perform such other duties as are 
or may be conferred and imposed upon him by the general laws of North 
Carolina, by this Charter, and the ordinances of the town. He shall be 
recognized as the head of the town government for all ceremonial pur- 
poses, by the courts for serving civil processes, and by the Governor for 
purposes of military law. In time of public danger or emergency, the 
mayor shall if so authorized and directed by vote of the board of com- 
missioners, take command of the police, maintain order and enforce the 
law. In case of the absence or disability of the mayor, the mayor pro 
tern shall act as mayor during the continuance of the absence or disability. 

Sec. 7. Board of Commissioners; Rules. The board of commissioners 
shall be judge of the election and qualification of its members and the 

83 



Ch. 36 1965— Session Laws 

mayor, and in such cases shall have power to subpoena witnesses and com- 
pel the production of all pertinent books, records, and papers, but the 
decision of the board of commissioners in any case shall be subject to 
review by the courts. The board shall determine its own rules and order 
of business and keep a journal of its proceedings. 

Sec. 8. Quorum. A majority of the members elected to the board of 
commissioners shall constitute a quorum to do business, but a less num- 
ber may adjourn from time to time and compel the attendance of absent 
members in such manner and under such penalties as may be prescribed 
by ordinance. The affirmative vote of a majority of the members elected 
to the board of commissioners shall be necessary to adopt any ordinances, 
resolutions, order, or vote; except that a vote to adjourn, or regarding 
the attendance of absent members may be adopted by a majority of the 
members present. No member shall be excused from voting except on 
matters involving the consideration of his own official conduct or when 
his financial interests are involved. 

Sec. 9. Introduction and Passage of Ordinances and Resolutions. Ordi- 
nances and resolutions shall be introduced in the board of commissioners 
only in written or printed form. All ordinances, except ordinances making 
appropriations and ordinances codifying or rearranging existing ordinances 
or enacting a code of ordinances, shall be confined to one subject, and the 
subject, or subjects, of all ordinances shall be clearly expressed in the 
title. Ordinances making appropriations shall be confined to the subject 
of appropriations. The yeas and nays shall be taken upon the passage of 
all ordinances and resolutions and entered upon the journal of the pro- 
ceedings of the board of commissioners. The enacting clause of all ordi- 
nances shall be: "BE IT ORDAINED BY THE TOWN OF FARMVILLE 

Sec. 10. When Ordinances and Resolutions Take Effect; Emergency 
Measures. Ordinances making the annual tax levy, appropriation ordinances, 
ordinances and resolutions pertaining to local improvements and assess- 
ments, ordinances and resolutions providing for or directing any investiga- 
tion of town affairs, resolutions requesting information from administrative 
officers or directing administrative action, and emergency measures shall 
take effect at the time indicated therein. Except as otherwise prescribed 
in this Charter, all other ordinances and resolutions passed by the board 
of commissioners shall take effect at the time indicated therein, but not 
less than ten days from the date of their passage. An emergency measure 
is an ordinance or resolution to provide for the immediate preservation of 
the public peace, property, health, or safety in which the emergency 
claimed is set forth and defined in the preamble thereto. 

No measure making or amending a grant, renewal or extension of a 
franchise or other special privilege shall ever be passed as an emergency 
measure. No situation shall be declared as an emergency by the board of 
commissioners except as defined in this Section, and it is the intention of 
this Charter that such definition shall be strictly construed by the courts. 

Sec. 11. Authentication and Publication of Ordinances and Resolutions. 
Upon its final passage each ordinance or resolution shall be authenticated 

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1965 — Session Laws Ch. 36 

by the signature of the mayor and the town clerk and shall be recorded in 
a book kept for that purpose. 

Municipal Elections 
Sec. 12. Election Laws. That for the purpose of selecting a mayor and 
members of the board of commissioners of said town, there shall be held 
on the first Tuesday in May, of 1965 and biennially thereafter a nonpartisan 
election, which election shall be held under the following rules: 

A. The polls shall open at 6:00 o'clock, A.M., and close at 6:00 o'clock, 
P.M., on election day. 

B. At least fifty days prior to any election, regular or special, the 
board of commissioners shall call said election and shall cause the notice 
of said election to be published at least one time in a newspaper published 
in or having substantial circulation in the Town of Farmville, said notice 
to be published at least forty days before the date of election, setting 
forth the time and place of registration, the time of the election, the 
polling place and the names of the registrar and other election officials. 

C. At least forty days prior to election, the board of commissioners 
shall appoint one registrar, and one alternate registrar, to conduct the 
registration and hold said election. 

D. At least forty days prior to election, the board of commissioners 
shall appoint two pollholders and one alternate pollholder to assist said 
registrar or his alternate to hold said election. 

E. The board of commissioners of said town may empower, authorize 
and direct the registrar, or the alternate registrar, if the registrar cannot 
serve, at any time after his appointment and prior to the first day the 
books shall be open for registration, to revise the registration books by 
copying the names of all eligible voters into a new registration book, 
leaving out names of all deceased persons, persons who have moved away, 
or persons who for some other reason are ineligible to vote; provided that 
all registration books shall be retained and any persons who are eligible 
to vote but whose name is not brought forward shall be entitled to vote 
from the old registration books; provided, however, the board of commis- 
sioners may at any time order a complete new registration, after which 
all old registration books shall become void. 

F. That the registration books for any election shall be kept open from 
9:00 o'clock, A. M., until 6:00 o'clock, P. M., at some convenient place as 
designated in the public notice of said election; for three consecutive Sat- 
urdays, the third of which shall be the second Saturday preceding election 
day. 

G. The last Saturday before election day shall be challenge day, and 
the registrar shall have the registration books available at the designated 
place from 9:00 o'clock, A. M., until 6:00 o'clock, P. M., to hear and 
determine all challenges to the eligibility of any registered person. 

H. That no persons shall be allowed to register or vote in said election 
unless he be a qualified voter under the laws of the State. 

I. That all candidates for mayor of said town shall register their can- 
didacy with the clerk of said town at least ten days prior to the election, 



85 



Ch. 36 1965— Session Laws 

and shall deposit with the clerk a registration fee of fifteen dollars ($15.00), 
therefor. 

J. That all candidates for the board of commissioners of said town 
shall register their candidacy with the clerk of said town at least ten days 
prior to the election and shall deposit with the said clerk the sum of five 
dollars ($5.00) as a registration fee therefor. 

K. After the close of said time for said registration of candidates, the 
clerk of the town shall proceed to have ballots printed setting forth the 
names of all candidates, which ballots shall contain sufficient explanatory 
matter to designate the purpose thereof; the names of candidates nominated 
for mayor or the board of commissioners in accordance with the provisions 
of this Charter, except such as may have withdrawn, died, or become in- 
eligible, shall be printed on the official ballot in alphabetical order of the 
surnames in rotation, without any party designation. There shall be 
printed as many sets of ballots as there are candidates. Each set of ballots 
shall begin with the name of a different candidate, the other names being 
arranged thereafter in regular alphabetical order, commencing with the 
next name in alphabetical order after the one that stands first on such 
set of ballots; when the last name is reached in alphabetical order it shall 
be followed by the name that begins with the first letter represented in 
the list of names and by the others in regular order; provided, that if 
the printer should make a mistake and fail to print the ballots in accord- 
ance herewith, same shall not invalidate the election; that returns of said 
election shall be made by the registrar and at least one pollholder to 
the board of commissioners, who in meeting assembled, shall declare the 
result and publish same and no other election for the selection of said 
officials for said town shall be necessary, except in cases where no can- 
didate for an office receives a majority of the votes cast, in which event 
the candidate receiving the next highest number of votes cast may demand 
a second election by filing a written notice of same with the clerk of the 
town within five days after the first Tuesday in May thereafter, and shall 
be conducted under the same rules and regulations governing the holding 
of the first election as hereinabove set out; provided, that there shall be no 
registration or challenge for said second election, except that any person 
attaining the age of twenty-one years after the registration books close 
may register and vote in either the first or second election, if otherwise 
qualified. 

L. That no general or special law regulating municipal elections shall 
be applicable to the Town of Farmville, but that all elections shall be 
held and conducted according to the stipulations herein contained and 
that all general and special elections called in said town for any other 
purpose shall also be held and conducted in accordance herewith and the 
general laws governing same not inconsistent herewith. 

M. That no person shall vote by absentee ballot. 

N. That the newly elected officials are to assume office on the first day 
of July, except when said day falls on Sunday and in that event, on the 
second day of July after the elections, and shall hold office until their suc- 
cessors are duly elected and qualified. Separate ballots shall be prepared 

86 



1965 — Session Laws Ch. 36 

by the clerk, upon which the names of the candidates for mayor and those 
of the candidates for membership on the board of commissioners shall 
appear, which ballots shall contain sufficient explanatory matter to enable 
the electors to understand the same and to vote for the candidate or can- 
didates of their choice. In voting for the candidates for membership on 
the board of commissioners, the elector shall cast his or her vote for 
as many candidates as there are offices to be filled, and where an elector 
votes for any member of such candidates less than the number of offices 
to be filled, such ballot shall not be counted for any of the group of can- 
didates for said offices. There shall be printed on this ballot the number 
of candidates to be voted for. 

O. That the term of office of the mayor shall be for two years; provided 
that anyone who serves as mayor shall be eligible for re-election. 

P. That the two commissioners elected with the highest vote at the 
election to be held on the first Tuesday in May, 1965, shall be elected and 
shall hold office for four years or until their successors are elected, and 
the three commissioners elected with the lowest vote shall be elected and 
hold office for a period of two years or until their successors are elected; 
and the election thereafter held on the first Tuesday in May, 1967, shall 
be for the election of a mayor for a two-year term and for the election 
of three commissioners for a term of four years, to succeed the three 
commissioners elected in 1965 for a two-year term. Thereafter the municipal 
election shall be held biennially as above provided for a mayor and for 
either two or three commissioners as the situation requires. 

Q. Any matters arising in connection with any election of the town 
officials or for any other purpose, and not provided for herein shall be 
governed by the State of North Carolina Laws for municipal elections. 

Administrative Service 

Sec. 13. Appointment of Officers and Employees. The board of com- 
missioners may appoint a town clerk, a treasurer, a tax collector, an 
accountant, a town attorney, a chief of police, a fire chief, and such 
other officers and employees as may be necessary, none of whom need be 
a resident of the town at the time of appointment; provided, that the 
board of commissioners may appoint one person to fill any two or more 
such positions. Such employees or officers shall serve at the pleasure of 
the board of commissioners, and shall perform such duties as may be pre- 
scribed by the board of commissioners. 

The board of commissioners shall fix salaries, prescribe bonds and 
require such oaths as they may deem necessary or as by law provided. 

Sec. 14. Town Clerk. The board of commissioners shall choose a town 
clerk. The town clerk shall keep the records of the board of commissioners 
and perform such other duties as may be required by law or by the board 
of commissioners, including those set forth in Section 16 hereof. 

Sec. 15. Duties of the Town Attorney. The town attorney shall be 
an attorney at law who shall have qualified to practice in the State of 
North Carolina. He shall be the chief legal advisor of and attorney 
for the town and all departments and officers thereof in matters relating 
to their official powers and duties. It shall be his duty, either personally 

87 



Ch. 36 1965— Session Laws 

or by such assistants as he may designate to perform all services incident 
to the department of law; to attend all meetings of the board of com- 
missioners; to give advice in writing when so requested, to the board of 
commissioners or the director of any department; to prosecute or defend, 
as the case may be, all suits or cases to which the town may be a party; 
to prepare all contracts, bonds and other instruments in writing in which 
the town is concerned, and to endorse on each, his approval of the form 
and correctness thereof, and to perform such other duties of a legal 
nature as the board of commissioners may require. In addition to the 
duties imposed upon the town attorney by this Charter or required by 
ordinance or resolution of the board of commissioners, he shall perform 
any duties imposed upon the chief legal officers of municipalities by law. 

Sec. 16. Further Duties of the Town Clerk. The town clerk shall pre- 
pare the budget in accordance with the general laws of North Carolina 
relating to the preparation of municipal budgets. He shall have authority 
and shall be required: To maintain accounting control over the finances 
of the town government, for which purpose he is empowered to operate a 
set of general accounts embracing all the financial transactions of the 
town and such subsidiary accounts and cost records as may be required 
by ordinance or by the board of commissioners for purposes of administra- 
tive direction and financial control; to prescribe the forms of receipts, 
vouchers, bills, or claims to be filed by all departments or agencies of 
the town government; to examine and approve all contracts, orders, and 
other documents by which the town incurs financial obligation, having 
ascertained before approval that moneys have been duly appropriated 
and allotted to meet such obligations and will become available when the 
obligations have become due and payable; to audit and approve all bills, 
invoices, payrolls, and other evidences of claims, demands, or charges 
against the town government and to determine the regularity, legality, 
and correctness of such claims, demands, or charges, to make monthly 
reports on all receipts and expenditures of the town government to the 
mayor and board of commissioners and to take monthly reports on funds, 
appropriations, allotments, encumbrances, and authorized payments to the 
mayor, the board of commissioners and the head of the department or 
agency directly concerned; to inspect and audit any accounts or records of 
financial transactions which may be maintained by any department or 
agency of the town government apart from or subsidiary to the general 
accounts; and to perform such other duties pertaining to the financial 
records of the town government as the board of commissioners may require 
by ordinance. 

Sec. 17. Duties of the Town Tax Collector. A tax collector, who may 
also be the clerk, shall collect all taxes, licenses, fees, and other moneys 
belonging to the town government, subject to the provisions of this Charter 
and ordinances enacted thereunder, and he shall diligently comply with 
and enforce the general laws of North Carolina relating to the collection, 
sale and foreclosures of taxes by municipalities. It shall be the duty of 
the tax collector to deposit daily in the town depository, all money belonging 
to the town. 

88 



1965— Session Laws Ch. 36 

Sec. 18. Duties of the Town Treasurer. The treasurer, if any, who may 
also be the clerk, shall have custody of and shall disburse all moneys be- 
longing to the town government subject to the provisions of this Charter 
and ordinances enacted thereunder; shall have custody of all investments 
and invested funds of the town or in possession of the town in a fiduciary 
capacity, and shall keep a record of such investments, and shall have 
custody of all bonds and certificates of town indebtedness, including such 
bonds and certificates unissued or cancelled, and the receipt and delivery 
of town bonds and certificates for transfer, registration or exchange. 

Sec. 19. Custody of Town Money. All money received by any depart- 
ment or agency of the town for or in connection with the business of the 
town government shall be paid promptly into the town depository. Such 
institution or institutions shall be designated by the board of commissioners 
in accordance with such regulations and subject to such requirements as 
to security for deposits and interest thereon as may be established by 
ordinance. All interest on moneys belonging to the town shall accrue to 
the benefit of the town government. All moneys belonging to the town 
government shall be disbursed only on vouchers signed by the mayor and 
countersigned by the town clerk or treasurer, if any. 

Sec. 20. Issuance of Bonds. The town may issue bonds for the purpose 
and in the manner prescribed by the general laws of North Carolina for 
the issuance of bonds by municipalities. 

Sec. 21. Purchase Procedure. Purchases for equipment and materials 
may be made by the town for the purpose and in the manner prescribed 
by the general laws of the State of North Carolina. 

Sec. 22. Contracts for Town Improvements. Contracts for town im- 
provements may be made by the town for the purpose and in the manner 
prescribed by the general laws of the State of North Carolina. 

Sec. 23. Cost of Economic Development. The board of commissioners 
of the town are authorized to expend from non-tax revenues, a sum not to 
exceed five thousand dollars ($5,000.00) annually for economic development 
of the town or the areas immediately adjacent thereto. 

Sec. 24. Independent Audit. As soon as practicable after the close of 
each fiscal year, an independent audit shall be made of all accounts of 
the town government by qualified public accountants, selected by the 
board of commissioners, who have no personal interest directly or indirectly 
in the financial affairs of the town government or of any of its officers. 

Miscellaneous Provisions 

Sec. 25. Publicity of Records. All records and accounts of every office 
and department of the town shall be open to inspection by any citizen 
or by any representative of the press at all reasonable times and under 
reasonable regulations established by the board of commissioners. 

Sec. 26. Personal Interest. Neither the mayor or any member of the 
board of commissioners nor any officer or employee of the town shall have 
a financial interest, directly or indirectly, in any contract with the town 
or be financially interested, directly or indirectly, in the sale to the town 
of any land, materials, supplies, or services, except on behalf of the town 
as an officer or employee. Any willful violation of this Section shall con- 

89 



Ch. 36 1965— Session Laws 

stitute malfeasance in office and any officer or employee of the town found 
guilty thereof shall thereby forfeit his office or position. Any violation of 
this Section, with the knowledge, express or implied, of the person or 
corporation contracting with the town shall render the contract voidable 
by the board of commissioners. 

Sec. 27. Oath of Office. Every officer of the town shall, before entering 
upon the duties of his office, take and subscribe to the following oath or 
affirmation, to be filed and kept in the office of the town clerk: "I solemnly 
swear (or affirm) that I will support the Constitution and will obey the 
laws of the United States and of the State of North Carolina, that I will, 
in all respects, observe the provisions of the Charter and ordinances of the 
Town of Farmville, and will faithfully discharge the duties of the office of 
(the appropriate office)." 

Sec. 28. Continuance of Contracts. All contracts entered into by the 
town or for its benefit prior to the taking effect of this Charter shall con- 
tinue in full force and effect. Public improvements for which legislative steps 
have been taken under laws or Charter provisions existing at the time 
this Charter takes effect may be carried to completion in accordance with 
the provisions of such existing laws and Charter provisions. 

Sec. 29. Saving Clause. If any part of this Charter shall be declared 
invalid by a court of competent jurisdiction, such judgment shall not invali- 
date the remainder of the Charter. The provisions of this Charter shall 
supersede all laws and ordinances not consistent herewith, in so far as the 
Town of Farmville is affected thereby. 

Sec. 30. All Acts and Clauses of Acts in Conflict. All Charter provisions 
heretofore enacted by and for the Town of Farmville, North Carolina, be 
and the same are hereby repealed. 

Sec. 31. Court. The Town of Farmville, North Carolina, shall maintain 
a court for the trial of criminal actions, to be known as the Town of 
Farmville Recorders Court, which said court shall have jurisdiction over 
any misdemeanor perpetrated in Farmville Township of Pitt County, 
North Carolina. The board of commissioners shall appoint a judge to pre- 
side over said court and shall set the salary of said judge, who shall serve 
at the will of the board of commissioners of the town. The board of com- 
missioners may appoint a clerk of court and set his salary. The clerk of 
court may be some person other than the town clerk. 

The mayor of the town shall be eligible for appointment as judge even 
while serving as mayor of the town. The board of commissioners shall also 
appoint an alternate judge to serve in the absence of the judge and the 
board of commissioners shall set the salary of the said alternate judge; 
the mayor of the town, if he is not appointed judge, shall be eligible to 
serve as alternate judge of said court; the board of commissioners may 
appoint a solicitor to prosecute the docket and set his salary, or 
they may permit the court to be operated without a solicitor, as 
it has been operated in the past; the court costs in the Town 
of Farmville Recorders Court shall be set by the board of commissioners, 
subject to the general laws of the State of North Carolina, and all court 



90 






1965— Session Laws Ch. 36-37 

costs collected shall be paid into the general funds of the Town of Farm- 
ville, except as required by the General Statutes of the State of North 
Carolina. 

Sec. 32. Police Jurisdiction. The Town of Farmville police shall have 
jurisdiction to make arrests and investigations anywhere within the con- 
fines of Farmville Township. 

Sec. 33. Zoning. The Board of Commissioners of the Town of Farmville 
shall have authority and power to adopt, alter, extend, and amend a zoning 
ordinance for the town, and also may adopt an ordinance regulating the 
areas outside the town within the provisions of the general laws of the 
State of North Carolina, pertaining to zoning outside the city limits. 

Sec. 34. Bird Sanctuary. The Town of Farmville shall be considered 
a bird sanctuary. 

Sec. 35. Appointment of Boards, Committees, and Commissions. The 
board of commissioners shall have authority to appoint various boards, 
committees, and commissions, deemed necessary to conduct the business of 
the town and its various departments and shall have the power to direct 
and control their activities and to set salaries for their services, not incon- 
sistent with the general laws of the State of North Carolina. 

Sec. 36. This Act. This Act shall be in full force and effect from and 
after its ratification provided that the mayor and the board of commissioners 
in office at the time this Charter takes effect shall continue until their suc- 
cessors are elected and qualified. 

Sec. 37. All laws and clauses of laws in conflict with this Act are 
hereby repealed. 

Sec. 38. This Act shall be in full force and effect from and after its 
ratification. 

In the General Assembly read three times and ratified, this the 4th 
day of March, 1965. 

H. B. 38 CHAPTER 37 

AN ACT TO RE-ENACT G. S. 10-12, VALIDATING ACTS OF NOTARIES 
PUBLIC PERFORMED PRIOR TO QUALIFYING. 

The General Assembly of North Carolina do enact : 

Section 1. G. S. 10-12 is hereby re-enacted as follows: 
"G. S. 10-12. Acts of Notaries Public in Certain Instances Validated, 
(a) The acts of any person heretofore performed after appointment as a 
notary public and prior to qualification as a notary public. 

(1) in taking any acknowledgment, or 

(2) in notarizing any instrument, or 

(3) in performing any act purportedly in the capacity of a notary 
public are hereby declared to be valid and of the same legal effect as if 
such person had qualified as a notary public prior to performing any 
such acts. 

(b) All instruments with respect to which any such person as is de- 
scribed in subsection (a) of this Section has purported to act in the capacity 

91 



Ch. 37-38 1965— Session Laws 

of a notary public shall have the same legal effect as if such person acting 
as a notary public had in fact qualified as a notary public prior to per- 
forming any acts with respect to such instruments." 

Sec. l'/i- The provisions of this Bill shall not apply to pending litigation. 

Sec. 2. All laws and clauses of laws in conflict with this Act are hereby 
repealed. 

Sec. 3. This Act shall be in full force and effect from and after its 
ratification. 

In the General Assembly read three times and ratified, this the 4th 
day of March, 1965. 

H. B. 62 CHAPTER 38 

AN ACT TO AMEND CHAPTER 20 OF THE GENERAL STATUTES OF 
NORTH CAROLINA TO DESIGNATE CERTAIN PERSONS AS 
AGENTS OF THE NORTH CAROLINA DEPARTMENT OF MOTOR 
VEHICLES FOR THE PURPOSE OF RECEIVING DRIVERS' 
LICENSES FOR MANDATORY REVOCATIONS. 

The General Assembly of North Carolina do enact: 

Section 1. G. S. 20-24, subsection (a), as the same appears in the 1963 
Cumulative Supplement to Volume 10 of the General Statutes, is hereby 
amended by adding a new paragraph to said subsection (a) to read as 
follows: 

"The clerks of court, assistant clerks of court and deputy clerks of 
court in which any person is convicted, and as a result thereof the rev- 
ocation or suspension of the operator's or chauffeur's license of such 
person is required under the provisions of this Chapter, are hereby des- 
ignated as agents of the Department of Motor Vehicles for the purpose 
of receiving all operators' and chauffeurs' licenses required to be surrendered 
under this Section, and are hereby authorized to and shall give to such 
licensee a dated receipt for any such license surrendered, such receipt to 
be upon such form as may be approved by the Commissioner of Motor 
Vehicles. The original of such receipt shall be mailed forthwith to the 
Driver License Division of the Department of Motor Vehicles together 
with the operator's or chauffeur's license. Any operator's or chauffeur's 
license, which has been surrendered and for which a receipt has been issued 
as herein required, shall be revoked or suspended as the case may be as 
of the date shown upon the receipt issued to such person." 

Sec. 2. All laws and clauses of laws in conflict with this Act are hereby 
repealed. 

Sec. 3. This Act shall be in full force and effect on and after July 1, 
1965. 

In the General Assembly read three times and ratified, this the 4th 
day of March, 1965. 



92 



1965— Session Laws Ch. 39-40-41 

H. B. 64 CHAPTER 39 

AN ACT RELATING TO THE PUNISHMENT FOR PUBLIC DRUNKEN- 
NESS IN GASTON COUNTY SO AS TO INCREASE THE MAXIMUM 
PUNISHMENT FOR SECOND AND THIRD OFFENSES. 

The General Assembly of North Carolina do enact: 

Section 1. Subdivision 1 of G. S. 14-335, as the same appears in the 
1963 Cumulative Supplement to the General Statutes, is hereby amended 
by striking out the word "Gaston," in line 4, and subdivision 10 of said 
Section, as the same appears in said Supplement, is hereby amended by 
adding the word "Gaston," immediately following the word "Duplin," in 
line 2. 

Sec. 2. All laws and clauses of laws in conflict with this Act are hereby 
repealed. 

Sec. 3. This Act shall be in full force and effect upon its ratification. 

In the General Assembly read three times and ratified, this the 4th 
day of March, 1965. 

H. B. 65 CHAPTER 40 

AN ACT TO FIX THE FEES OF JURORS IN HERTFORD COUNTY. 

The General Assembly of North Carolina do enact: 

Section 1. Section 9-5 of the General Statutes of North Carolina, as the 
same appears in the 1963 Cumulative Supplement, be, and the same is 
hereby, amended by adding a new paragraph at the end thereof to read 
as follows: 

"All jurors in the Superior Court of Hertford County, including special 
veniremen and tales jurors, shall receive fees for their services of seven 
dollars and fifty cents ($7.50) per day and mileage at the rate of five 
cents (5<0 per mile while coming to the county seat and returning home, 
the said distance to be computed at the usual route of public traveling." 

Sec. 2. All laws and clauses of laws in conflict with the provisions of 
this Act are hereby repealed. 

Sec. 3. This Act shall be in full force and effect from and after the 
first day of July, 1965. 

In the General Assembly read three times and ratified, this the 4th 
day of March, 1965. 

H. B. 78 CHAPTER 41 

AN ACT TO AMEND G. S. 1-339.17 AND G. S. 45-21.17 RELATING TO 
PUBLISHING NOTICES OF SALES OF REAL PROPERTY IN 
JUDICIAL SALES AND IN SALES UNDER A POWER OF SALE. 

The General Assembly of North Carolina do enact: 

Section 1. Subdivision b of subdivision (2) of subsection (a) of G. S. 
1-339.17 and subdivision b of subdivision (2) of subsection (b) of G. S. 
45-21.17 are hereby amended by rewriting each said subdivision b to read 
as follows: 

93 



Ch. 41-42 1965— Session Laws 

"b. If no such newspaper is published in the county, then notice shall 
be published once a week for at least four successive weeks in a newspaper 
having a general circulation in the county." 

Sec. 2. This Act shall not apply to pending litigation or to any sales 
held pursuant to any litigation occurring before the effective date of this 
Act. 

Sec. 3. All laws and clauses of laws in conflict with this Act are hereby 
repealed. 

Sec. 4. This Act shall become effective September 1, 1965. 

In the General Assembly read three times and ratified, this the 4th 
day of March, 1965. 

H. B. 83 CHAPTER 42 

AN ACT TO AMEND THE CHARTER OF THE CITY OF GREENSBORO, 
RELATING TO THE SALE OF REALTY, AND FOR OTHER 
PURPOSES. 

The General Assembly of North Carolina do enact: 

Section 1. Section 4.12 of the Charter of the City of Greensboro, as set 
forth in Section 1, Chapter 1137 of the Session Laws of 1959, is hereby 
amended by changing the period at the end thereof to a semicolon and 
adding the following: 

"and (5) be a proper party to receive and accept services of all com- 
plaints, notices and other documents of a judicial nature on behalf of the 
city." 

Sec. 2. Section 4.94 of the Charter of the City of Greensboro, as set 
forth in Section 1, Chapter 1137 of the Session Laws of 1959, is hereby 
amended by inserting immediately after the colon in line six thereof the 
words "the city treasurer,". 

Sec. 3. Section 4.122 of the Charter of the City of Greensboro, as set 
forth in Section 1, Chapter 1137 of the Session Laws of 1959, is hereby 
amended by rewriting the Section to read as follows: 

"Sec. 4.122. Sale of Real Property by Advertisement for Bids. 

Any real property owned and held by the city for governmental or other 
purposes may be sold by the Council in the manner hereinafter prescribed. 
When any satisfactory offer is made for the same, and a deposit of five 
per cent (5%) of the amount bid is made with the city clerk, the Council 
shall cause to be published one time in some newspaper published in the 
city which is qualified to carry legal notices, or, if there be no such 
newspaper, there shall be posted in three places in the city, a general de- 
scription of the property, the amount and the terms of payment offered, 
together with a notice that within ten days any person may raise the 
bid not less than five per cent (5%). If within ten days any person raises 
the bid five per cent (5%) and deposits with the city clerk a certified 
check covering the deposit for the increased bid, the city clerk shall re-ad- 
vertise so long as the bids are increased and proper deposits are made; 
and when there is no increased bid within the prescribed time, the Council 
may sell and convey such property for the amount of the highest bid offered; 

94 



1965— Session Laws Ch. 42 

but the Council may at any time refuse to proceed further with the pro- 
posed sale. In lieu of the foregoing procedure, the Council may, in its dis- 
cretion, order a public auction sale of any real property in the manner 
as prescribed in the succeeding Section." 

Sec. 4. Section 4.123 of the Charter of the City of Greensboro, as set 
forth in Section 1, Chapter 1137 of the Session Laws of 1959, is hereby 
amended by rewriting the Section to read as follows: 

"Sec. 4.123. Sale of Real Property by Public Auction. 

By a two-thirds vote of all the members of the City Council, any real 
property owned and held by the city for governmental or other purposes may 
be sold by the City Council at public sale and after advertisement. The 
resolution authorizing the sale shall describe the property to be sold, the 
time, place, and terms of sale and shall state that any offer or bid must be 
accepted and confirmed by the Council before the sale shall be effective. 
The resolution may, but need not, require that the highest bidder at the 
sale deliver to the city treasurer, or other official designated by the City 
Council, a certified check in an amount named in the resolution, to guar- 
antee that, if the sale is confirmed by the Council, the bidder will comply 
with the terms of his bid. The resolution shall be published in some news- 
paper published in the city which is qualified to carry legal notices once 
a week for two successive weeks, or, if there be no such newspaper, the 
resolution shall be posted in two public places in the city, and the last 
publication may, but need not, be on the day of the sale. After the bids 
have been received at the sale, the highest bid for the property shall be 
reported to the Council, and within thirty days thereafter the Council shall 
accept or reject the bid. If the bid is rejected, the Council may re-advertise 
the property for sale." 

Sec. 5. Section 4.124 of the Charter of the City of Greensboro, as set 
forth in Section 1, Chapter 1137 of the Session Laws of 1959, is hereby 
amended by rewriting the Section to read as follows: 

"Sec. 4.124. Sale or Exchange of Excess Property. 

In any case where the city has acquired property by means other than 
condemnation for any public purpose, and, in the opinion of the Council, 
it is desirable to sell any part or all of such property as excess, that is, 
such property as is not needed or no longer needed for the particular im- 
provement or public purpose, the Council may sell it by public sale pur- 
suant to Section 4.123, by receiving bids pursuant to Section 4.122 or by 
exchanging it for other property; provided, if in the opinion of the Council, 
the public interest of the city will best be served by the recombination 
of such property with other adjacent property in order to promote more 
orderly and coordinated system of development, the Council may sell it 
by private conveyance to an abutting property owner at a fair market 
value to be determined on the basis of a competent and disinterested 
appraisal." 

Sec. 6. Section 4.126 of the Charter of the City of Greensboro, as set 
forth in Section 1, Chapter 1137 of the Session Laws of 1959, is hereby 
amended by striking out the word and figures "Section 4.123" appearing 



95 



Ch. 42 1965— Session Laws 

in line one of said Section 4.126 and substituting in lieu thereof the words 
and figures "Sections 4.122 and 4.123". 

Sec. 7. Chapter IV of the Charter of the City of Greensboro, as set 
forth in Section 1, Chapter 1137 of the Session Laws of 1959, is amended 
by inserting therein a new Section following Section 4.127 to be numbered 
Section 4.128 and to read as follows: 

"Sec. 4.128. Easements and Encroachments; Grant and Release Thereof. 

(a) The City Council may release or quitclaim any rights the city may 
have in any water, sanitary sewer, storm sewer easement or any other right 
of way except street right of way upon a report by the city attorney and 
city manager and a finding by the Council that the city has no further need 
for such easement or right of way for the particular improvement or for 
any other public purpose and that the easement or right of way should 
be abandoned. 

(b) For fair value to be determined by the City Council, the Council 
may grant an easement to any person, corporation or public utility for 
the construction, existence and maintenance of lines, pipes, structures or 
for any other purpose over, under or through any real property owned 
by the city in fee simple if, in the opinion of the Council, such easement 
will not interfere with the proper use by the city of the property in which 
such easement is granted and that the city has no governmental or other 
public need which would be in conflict with the easement granted therein 
or the use made thereof. 

(c) With respect to real property adjoining a street right of way, the 
City Council may permit or grant an encroachment easement beyond the 
existing building line into a street right of way for the purpose of per- 
mitting the erection of a building or other structure either over, under or 
through said right of way if, in the opinion of the Council, such encroach- 
ment will neither cause a public nuisance nor unreasonably interfere with 
the use of the streets and sidewalks by the public." 

Sec. 8. Section 6.61(a) of the Charter of the City of Greensboro, as set 
forth in Section 1, Chapter 1137 of the Session Laws of 1959, is hereby 
amended by striking the eighth sentence contained therein, which sentence 
begins on line 31 and ends on line 35, and substituting in lieu thereof the 
following: 

"Copies of all registered letters giving the notice required by this 
Section, and the return receipts or other good and sufficient evidence of the 
giving of the required notice shall be filed in the office of the city clerk 
together with the resolution ordering said closing; provided, a certified 
copy of the resolution of the Council ordering the closing of the street 
or streets shall be recorded in the office of the Register of Deeds of Guilford 
County." 

Sec. 9. Any and all easements in real property heretofore granted by 
the City Council over, under or through city-owned real property are 
hereby in all respects approved and validated. 

Sec. 10. All proceedings of the City Council of the City of Greensboro 
relative to closing of streets or portions of streets, including the actual 



96 



1965— Session Laws Ch. 42-43-44 

closing and abandonment thereof for maintenance or use as public streets, 
are hereby in all respects approved and validated. 

Sec. 11. All extensions and purported extensions of the corporate 
limits of the City of Greensboro are hereby declared to be valid. 

Sec. 12. All proceedings of the City Council of the City of Greensboro 
and all work performed relative to local improvements, including street 
paving, sidewalk construction, water and sanitary sewer construction, in- 
cluding water and sanitary sewer mains, lines and laterals, and all work 
incidental to such local improvements and the assessments levied and 
assessed therefor, are hereby in all respects approved and validated. 

Sec. 13. All laws and clauses of laws in conflict with the provisions of 
this Act are hereby repealed. 

Sec. 14. This Act shall be in full force and effect from and after its 
ratification. 

In the General Assembly read three times and ratified, this the 4th 
day of March, 1965. 

H. B. 88 CHAPTER 43 

AN ACT TO REPEAL SECTION 4, CHAPTER 103, PUBLIC-LOCAL 
LAWS OF 1935 SO AS TO MAKE G. S. 105-283 APPLICABLE TO 
TRANSYLVANIA COUNTY. 

The General Assembly of North Carolina do enact: 

Section 1. That Section 4 of Chapter 103, Public-Local Laws of 1935 
be, and the same is, hereby repealed. The purpose of this Act is to make 
G. S. 105-283 applicable to Transylvania County so as to enable said county 
to have a county tax supervisor as well as a county accountant. 

Sec. 2. That all laws and clauses of laws in conflict with the provisions 
of this Act are hereby repealed. 

Sec. 3. That this Act shall be in full force and effect from and after 
its ratification. 

In the General Assembly read three times and ratified, this the 4th 
day of March, 1965. 

H. B. 89 CHAPTER 44 

AN ACT RELATING TO THE PUNISHMENT FOR PUBLIC DRUNK- 
ENNESS IN MARTIN COUNTY SO AS TO INCREASE THE 
MAXIMUM PUNISHMENT FOR SECOND AND THIRD OFFENSES. 

The General Assembly of North Carolina do enact: 

Section 1. Subdivision 1 of G. S. 14-335, as the same appears in the 
1963 Cumulative Supplement to the General Statutes, is hereby amended 
by striking out the word "Martin," in line 5, and Subdivision 10 of said 
Section, as the same appears in said Supplement, is hereby amended by 
adding the word "Martin," immediately following the word "Lee," in line 2. 

Sec. 2. All laws and clauses of laws in conflict with this Act are hereby 
repealed. 

Sec. 3. This Act shall be in full force and effect upon its ratification. 

In the General Assembly read three times and ratified, this the 4th 
day of March, 1965. 

97 



Ch. 45-46 1965— Session Laws 

H. B. 91 CHAPTER 45 

AN ACT TO AMEND CHAPTER 160 OF THE GENERAL STATUTES 
TO EXTEND THE AUTHORITY TO ARREST AND EXECUTE 
CRIMINAL PROCESS BY TOWN POLICEMEN TO TERRITORY 
OUTSIDE THE TOWN LIMITS, BUT WITHIN THREE MILES 
THEREOF, AS THE SAME PERTAINS TO THE TOWN OF RICH- 
LANDS IN ONSLOW COUNTY. 

The General Assembly of North Carolina do enact: 

Section 1. G. S. 160-21 is amended by striking out "within the town 
limits" and substituting in lieu thereof "within or without, but within a 
radius of three miles of, the limits of the Town of Richlands in Onslow 
County". 

Sec. 2. The provisions of this Act shall be applicable only to the Town 
of Richlands in Onslow County. 

Sec. 3. All laws and clauses of laws in conflict with this Act are hereby 
repealed. 

Sec. 4. This Act shall become effective upon its ratification. 

In the General Assembly read three times and ratified, this the 4th 
day of March, 1965. 

S. B. 15 CHAPTER 46 

AN ACT TO AUTHORIZE THE ISSUANCE OF THREE HUNDRED 
MILLION DOLLARS ($300,000,000) OF BONDS OF THE STATE TO 
PROVIDE FUNDS FOR THE CONSTRUCTION OF HIGHWAYS, 
SUBJECT TO A VOTE OF THE PEOPLE OF THE STATE. 

The General Assembly of North Carolina do enact: 

Section 1. This Act shall be known and may be cited as the "State 
Highway Bond Act of 1965". 

Sec. 2. Subject to a favorable vote of a majority of the qualified voters 
of the State who shall vote thereon in an election called and held as here- 
inafter provided, the State Treasurer is hereby authorized, by and with 
the consent of the Governor and Council of State, to issue and sell, at one 
time or from time to time, bonds of the State, to be designated "State of 
North Carolina Highway Bonds", in an aggregate principal amount not 
exceeding three hundred million dollars ($300,000,000.00). The proceeds of 
said bonds are hereby appropriated to the State Highway Commission, which 
appropriation shall be in addition to all other appropriations heretofore 
made or which may be made at the present Session of the General Assembly. 
Said proceeds shall be used by the State Highway Commission exclusively 
for the purpose of constructing, improving or relocating roads, bridges, 
tunnels and other highway facilities constituting at the time of such con- 
struction, improvement or relocation a part of the State highway system. 

Sec. 3. The proceeds of said bonds shall be expended by the State 
Highway Commission for the construction, improving or relocating of 
highway facilities and in amounts as follows: 



98 



1965— Session Laws Ch. 46 

(a) One hundred fifty million dollars ($150,000,000.00) on the rural 
primary system of State highways as defined herein, which amount is 
hereby allocated for expenditure in the fourteen highway engineering 
divisions as follows, based proportionately upon the mileage of highways 
constituting part of said rural primary system of State highways on 
January 1, 1965, in each of said divisions: 

Highway engineering 

division Amount 

1 $ 13,205,200 

2 11,052,000 

3 12,188,000 

4 13,324,000 

5 10,192,200 

6 14,373,600 

7 9,721,000 

8 11,095,900 

9 8,377,100 

10 8,095,700 

11 10,251,600 

12 8,506,200 

13 10,161,200 

14 9,456,300 



$150,000,000 



As used herein the term "rural primary system of State highways" means 
the highways within the State numbered with the prefix "U. S." or "N. C." 
that are outside the corporate limits of the municipalities to which funds 
were allocated in the year 1964 under the provisions of G. S. 136-41.1. 

(b) Seventy-five million dollars ($75,000,000.00) on the rural secondary 
system of State highways as defined herein, which amount is hereby allo- 
cated for expenditure in the counties of the State as follows, based pro- 
portionately upon the mileage of unpaved highways constituting part of 
said rural secondary system of State highways on January 1, 1965, in each 
of said counties: 

County Amount 

Alamance $ 1,081,200 

Alexander 617,500 

Alleghany 844,400 

Anson 619,300 

Ashe 1,482,000 

Avery 469,500 

Beaufort 1,049,400 

Bertie 619,100 

Bladen 836,600 

Brunswick 694,000 

Buncombe 1,266,900 

Burke 828,800 

99 



Ch. 46 1965— Session Laws 

County Amount 

Cabarrus $ 524,800 

Caldwell 836,300 

Camden 184,300 

Carteret 210,500 

Caswell 708,900 

Catawba 687,800 

Chatham 1,248,300 

Cherokee 881,000 

Chowan 147,800 

Clay 361,100 

Cleveland 1,092,700 

Columbus 1,185,200 

Craven 709,200 

Cumberland 791,700 

Currituck 200,500 

Dare 83,600 

Davidson 1,196,900 

Davie 566,100 

Duplin 1,250,200 

Durham 730,100 

Edgecombe 350,700 

Forsyth 910,000 

Franklin 735,300 

Gaston 576,800 

Gates 371,000 

Graham 299,500 

Granville 1,159,300 

Greene 271,300 

Guilford 1,632,700 

Halifax 681,000 

Harnett 947,800 

Haywood 753,500 

Henderson 1,201,100 

Hertford 360,100 

Hoke 212,000 

Hyde 188,800 

Iredell 1,275,100 

Jackson 872,400 

Johnston 1,403,200 

Jones 217,000 

Lee 251,200 

Lenoir 692,200 

Lincoln 603,200 

McDowell 605,200 

Macon 1,032,700 

Madison 998,700 

Martin 535,500 

100 



1965 — Session Laws Ch. 46 

County Amount 

Mecklenburg $ 455,100 

Mitchell 469,500 

Montgomery 471,600 

Moore 856,700 

Nash 664,800 

New Hanover 95,300 

Northampton 395,100 

Onslow 523,300 

Orange 971,100 

Pamlico 263,200 

Pasquotank 189,600 

Pender 549,400 

Perquimans 255,600 

Person 1,016,200 

Pitt 983,100 

Polk 631,400 

Randolph 1,931,700 

Richmond 366,300 

Robeson 1,235,300 

Rockingham 1,376,800 

Rowan 916,600 

Rutherford 1,260,400 

Sampson 1,669,800 

Scotland 259,300 

Stanly 779,400 

Stokes 1,400,300 

Surry 1,494,100 

Swain 275,200 

Transylvania 538,100 

Tyrrell 190,900 

Union 1,214,900 

Vance 348,100 

Wake 1,343,700 

Warren 765,300 

Washington 226,900 

Watauga 917,500 

Wayne 631,100 

Wilkes 2,059,600 

Wilson 427,400 

Yadkin 969,700 

Yancey 467,600 



$75,000,000 



As used herein the term "rural secondary system of State highways" means 
all of the public highways in the State the exclusive control, management 
and responsibility for which are vested in the State Highway Commission, 
except the highways included in the rural primary system of State high- 

101 



Ch. 46 1965 — Session Laws 

ways as herein denned, that are outside the corporate limits of the munici- 
palities to which funds were allocated in the year 1964 under the provisions 
of G. S. 136-41.1. 

(c) Seventy-five million dollars ($75,000,000.00) on the urban system of 
State highways as defined herein, which amount is hereby allocated for 
expenditure in municipalities in the State as follows, based proportionately 
upon the population of each of said municipalities used as a basis for the 
allocation of funds in the year 1964 under the provisions of G. S. 136-41.1: 

Municipality Amount 

Aberdeen $ 60,000 

Ahoskie 179,700 

Albemarle 480,800 

Alexander Mills 37,100 

Andrews 55,100 

Angier 49,000 

Ansonville 21,900 

Apex 53,600 

Arlington 23,100 

Asheboro 370,500 

Asheville 2,360,400 

Askewville 7,600 

Atkinson 11,800 

Atlantic Beach 3,000 

Aulander 42,500 

Aurora 17,600 

Autryville 7,500 

Ayden 121,900 

Bailey 31,200 

Bakersville 15,400 

Banner Elk 22,100 

Bath 13,600 

Battleboro 14,300 

Bayboro 21,400 

Bear Grass 4,000 

Beaufort 114,600 

Belhaven 93,600 

Belmont 196,400 

Benson 92,400 

Bessemer City 157,500 

Bethel 61,900 

Beulaville 41,600 

Biltmore Forest 39,400 

Biscoe 41,300 

Black Creek 12,200 

Black Mountain 51,500 

Bladenboro 30,400 

Blowing Rock 27,900 

Boiling Springs 51,400 

102 



1965 — Session Laws Ch. 46 

Municipality Amount 

Bolivia $ 7,900 

Bolton 24,200 

Boone 144,500 

Boonville 21,100 

Bostic 10,700 

Brevard 190,500 

Bridgeton 25,000 

Broadway 18,300 

Brookford 23,400 

Brunswick 6,600 

Bryson City 42,500 

Bunn 13,000 

Burgaw 68,600 

Burlington 1,301,900 

Burnsville 54,400 

Calypso 24,800 

Cameron 11,700 

Candor 23,300 

Canton 198,700 

Cape Carteret 2,900 

Carolina Beach 46,700 

Carrboro 78,300 

Carthage 46,700 

Cary 131,600 

Castalia 10,500 

Catawba 19,800 

Chadbourne 91,100 

Chapel Hill 493,100 

Charlotte 7,904,400 

Cherryville 141,500 

China Grove 58,800 

Chocowinity 22,700 

Claremont 28,600 

Clarkton 26,000 

Clayton 129,500 

Cleveland 23,300 

Clinton 292,600 

Clyde 26,700 

Coats 41,100 

Colerain 13,300 

Columbia 43,100 

Columbus 28,400 

Concord 698,000 

Conetoe 5,800 

Conover 89,500 

Conway 26,000 

Cornelius 56,600 

103 



Ch. 46 1965 — Session Laws 

Municipality Amount 

Cove City $ 21,600 

Creedmoor 33,800 

Creswell 15,800 

Crossnore 10,900 

Dallas 128,200 

Danbury 6,900 

Davidson 100,900 

Denton 33,400 

Dillsboro 5,500 

Dobson 26,800 

Dover 25,500 

Draper 132,600 

Drexel 44,900 

Dublin 14,400 

Dunn 296,700 

Durham 3,070,600 

East Bend 17,500 

East Laurinburg 27,300 

East Spencer 85,100 

Edenton 174,800 

Elizabeth City 551,400 

Elizabethtown 63,700 

Elkin 112,500 

Elk Park 18,000 

Ellenboro 19,300 

Ellerbe 33,100 

Elm City 28,600 

Elon College 50,300 

Emerald Isle 600 

Enfield 116,800 

Eureka 9,600 

Everetts 8,800 

Fair Bluff 40,400 

Fairmont 89,600 

Faison 26,100 

Faith 19,400 

Falcon 9,200 

Falkland 5,500 

Farmville 156,700 

Fayetteville 1,847,300 

Forest City 257,100 

Fountain 19,500 

Four Oaks 39,600 

Franklin 85,200 

Franklinton 59,300 

Franklinville 26,900 

Fremont 63,100 



104 



1965 — Session Laws 



Ch. 46 



Municipality Amount 

Fuquay Springs $ 132,900 

Garland 25,200 

Garner 135,300 

Garysburg 7,100 

Gaston 47,600 

Gastonia 1,461,800 

Gatesville 18,000 

Gibson 19,600 

Gibsonville 70,000 

Glen Alpine 28,800 

Goldsboro 1,132,300 

Goldston 14,700 

Graham 302,900 

Granite Falls 103,700 

Granite Quarry 41,500 

Greensboro .- 4,689,100 

Greenville 896,500 

Grifton 71,200 

Grimesland 14,200 

Grover 21,100 

Halifax 14,500 

Hamilton 22,200 

Hamlet 174,900 

Harmony 12,600 

Harrellsville 6,700 

Hassell 5,800 

Havelock 95,400 

Hayesville 16,800 

Hazelwood 75,500 

Henderson 499,600 

Hendersonville 231,800 

Hertford 81,100 

Hickory 758,000 

Highlands 23,400 

High Point 2,433,800 

Hillsboro 52,900 

Hobgood 24,700 

Hoffman 13,500 

Holly Ridge 28,700 

Holly Springs 21,900 

Hookerton 14,000 

Hope Mills 43,500 

Hot Springs 28,400 

Hudson 60,200 

Huntersville 39,400 

Indian Trail 14,300 

Jackson 30,000 



105 



Ch. 46 1965— Session Laws 

Municipality Amount 

Jacksonville $ 529,100 

Jamestown 4 g qqq 

Jamesville 21100 

Jefferson 31^900 

Jonesville ^ 4 300 

Kelford 14',200 

Kenansville 28 400 

Kenl y 45^000 

Kernersville 115 400 

Kill Devil Hills 10,500 

Kings Mountain 314 qoo 

Kinston 973,300 

Kittrell 4700 

Knightdale 24 | 400 

Kure Beach 11500 

La Grange 83) ' 600 

Lake Lure 9 ^00 

Lake Waccamaw 30 goo 

Landis 69,'l00 

Lansin S 10,900 

Lasker 4,700 

Lattimore jq 100 

Laurel Park ]]]][] 16 ' 500 

Launnburg 323,200 

Lawndale 28 400 

Leaksville 252,000 

Lenoir 402,200 

Lewiston 14100 

Lexington 63l',100 

Llbert y 56,400 

LllesviIle 24,900 

Lillmgton 48,700 

Lincolnton 223,500 

Linden 6,200 

Llttleton 40,200 

Long Beach 4 000 

Longview 117,'500 

Louisburg 112 200 

Love Valley 3 ' m 

Lowe11 109,200 

Lucama 19,500 

Lumber Bridge 3 90 o 

Lumberton '" 600 ' 200 

Macclesfield 18 600 

Macon 7300 

Madison '.'. '.'.'. '. 75^000 

Ma ^ nolia 24,700 

106 



1965 — Session Laws 



Ch. 46 



Municipality Amount 

Maiden $ 80,000 

Manteo 23,000 

Marion 131,200 

Marshall 36,300 

Mars Hill 61,700 

Marshville 53,300 

Matthews 23,900 

Maxton 68,800 

Mayodan 92,800 

Maysville 35,000 

McAdenville 29,300 

McDonald 3,100 

McFarlan 6,300 

Mebane 92,700 

Micro 13,700 

Middleburg 6,700 

Middlesex 23,100 

Milton 9,200 

Mocksville 93,300 

Monroe 426,700 

Mooresville 271,300 

Morehead City 218,900 

Morganton 360,200 

Morrisville 8,700 

Morven 20,300 

Mount Airy 276,700 

Mount Gilead 48,200 

Mount Holly 158,300 

Mount Olive 183,300 

Mount Pleasant 40,800 

Murfreesboro 103,600 

Murphy 87,600 

Nags Head 28,600 

Nashville 55,800 

New Bern 616,300 

Newland 22,100 

New London 8,700 

Newport 33,800 

Newton 261,100 

Newton Grove 18,700 

Norlina 36,400 

North Wilkesboro 164,600 

Norwood 72,300 

Oakboro 22,800 

Oak City 22,500 

Ocean Isle Beach 200 

Old Fort 30,900 



107 



CH. 46 



1965 — Session Laws 



Municipality Amount 

Omental $ 20,500 

° xford 273,600 

^ ante e° 10,300 

P &rkton 35,500 

^ armele 12,700 

Peachland 22 100 

^ e , mbroke 53,800 

£ lkevi " e 20,600 

-filot Mountain 51 400 

^ inebluff """.'.'.'.'.'.■. 20^00 

™ e Level 32,700 

^ net °P s 53,800 

^ n f ville 59,400 

^ k Hil1 17,900 

™ sboro 47,600 

ny™™^ 183,000 

£ 0kt0 , n 20,800 

Pollocksville 16 3 00 

Powellsville 10200 

^ rinceton 37,200 

^ rinceviIle 31,300 

Proctorville 7 400 

* aeford 119,900 

* alelgh 3,683,500 

** am f eur 49,300 

Randleman or7 r AA 

r>, . 87,500 

Red Springs 108500 

^ ld r ille 559,500 

^ h0 1 dhlss 32,800 

*! cb ? eld 11,500 

^ lcblands 42,300 

* lch S< 3 uare 44,500 

Roanoke Rapids 522 300 

*° bbms 50,700 

Robbmsville 23 000 

Robersonville ^'.'.'.'.'.'.'.'..'. 66,000 

Rockingham 216200 

^° ckwe " 37,200 

Rocky Mount 1,260,700 

Rolesville 14000 

* 0nda 20,000 

^° pe u r 30,200 

Koseboro KO 1nn 

r, TT .„ 5d,100 

* OSe Hl » 50,700 

* 0S ™ an 16,400 

^ 0W u land 55,200 

Roxboro 201,800 



108 



1965— Session Laws Ch - 46 

Amount 

Municipality * 17,700 

Roxobel "" 20,700 

R" th ' 133,000 

Rutherf ordton gg 2 qo 

Saint Pauls 22 ' 300 

Salemburg ' * " g 35) 200 

Salisbury 22 400 

Saluda ' 4go',500 

Sanford ' 16000 

Saratoga 116,600 

Scotland Neck 24,500 

Seaboard 12 700 

Seagrove 12l',600 

Selma 8100 

Seven Springs 12 200 

Severn " ' ' " lg ' g00 

Sballotte ^ 9 2 qq 

Sbarpsburg 694',000 

Shelby 174,700 

Siler City 8,000 

Sims ' ' 239,900 

Smithfield 40 900 

Sn° w Hil1 203',800 

Southern Pines 79 g00 

Southport 4l[l00 

Sparta 5 ' 600 

SP eed 113,900 

S P encer 160,100 

Spindale 179,000 

S P ra y 52,400 

Spring Hope 161,200 

Spring Lake 98,200 

Spruce Pine 10200 

Staley 18,500 

Stanfield 77 600 

Stanley 35,200 

Stantonsburg 29200 

Star 778,200 

Statesville lg Q00 

Stedman g ' 700 

Stem 37,300 

Stoneville 22 400 

Stova11 10^400 

Surf City 43,300 

Swansboro gl „ Q q 

Sylva ■ : 91/700 

Tabor Clty 329,800 

Tarboro 

109 



Ch. 46 1965— Session Laws 

Municipality Amount 

Tar Heel $ 3,000 

Taylorsville 57,600 

Teacheys 7300 

Thomasville 595/700 

Topsail Beach 3 g00 

Tr enton 15,800 

Troutman 25,400 

Tr oy 92,000 

Tryon 87,200 

Turkey 73OO 

VaId ese 115,300 

Vanceboro 31,600 

Vandemere 17 700 

Vass 30,100 

Wa co 10,000 

Wadesboro 146,800 

Wagram 22,000 

Wake Forest 104 500 

Wallace 89,600 

Walnut Cove 50,500 

Walstonburg 7 500 

Warrenton 44 100 

Warsaw 87^100 

Washington 389,800 

Washington Park 22,500 

Waxhaw 28^600 

Waynesville 241,500 

Weaverville 40 800 

Weldon 84 ' 900 

Wend ell 63,500 

West Jefferson 39 200 

Whitakers 39 400 

White Lake 5 100 

Whiteville 183^600 

Wilkesboro 6 1 )500 

Williamston 271 500 

Wilmington 1,726^000 

Wilson 1,127,600 

Windsor 830 00 

Winfall 10)60 o 

Wingate 5 M 

Winston-Salem 4,358,200 

Winterville 5 5j6 

Winton 32 )70 

Woodland 25,500 

Woodville 13500 

Wrightsville Beach 28,400 

110 



1965 — Session Laws Ch. 46 

Municipality Amount 

Yadkinville $ 64,500 

Yaupon Beach 3,500 

Youngsville 23,400 

Zebulon 60,200 



$75,000,000 
As used herein the term "urban system of State highways" means such 
streets and highways as constitute part of the State highway system, under 
the provisions of G. S. 136-66.1 and G. S. 136-66.2, within the corporate 
limits of the municipalities to which funds were allocated in the year 1964 
under the provisions of G. S. 136-41.1. Rights of way for such streets and 
highways shall be acquired under and pursuant to the provisions of G. S. 
136-66.3. 

The amounts set forth above to be expended in the respective highway 
engineering divisions, counties and municipalities shall be conclusive and 
controlling. 

Obligations by contract or work order for the construction, improving 
or relocating of highway facilities under the provisions of this Act (ex- 
clusive of obligations for engineering services and the acquisition of land) 
shall not be incurred in an aggregate amount exceeding sixty million dollars 
($60,000,000.00) in the first fiscal year, beginning July 1, 1965, or in an 
aggregate amount exceeding one hundred twenty million dollars ($120,000,- 
000.00) in the first two fiscal years, or in an aggregate amount exceeding 
one hundred eighty million dollars ($180,000,000.00) in the first three fiscal 
years, or in an aggregate amount exceeding two hundred forty million 
dollars ($240,000,000.00) in the first four fiscal years, or in an aggregate 
amount exceeding three hundred million dollars ($300,000,000.00) in the 
first five fiscal years. 

The State Highway Commission may incur obligations for the construc- 
tion, improving or relocating of highway facilities under the provisions of 
this Act in such priority in each fiscal year as it shall determine among 
the rural primary system of State highways, the rural secondary system 
of State highways and the urban system of State highways and the high- 
way engineering divisions, counties and municipalities, notwithstanding 
the allocations made above in this Section. 

The proceeds of said bonds may be used with any Federal funds which 
might be made available for the purposes set forth above and the State 
Highway Commission or any other governmental unit is authorized to apply 
for and accept any Federal funds and agree to the terms and conditions 
under which such Federal funds shall be made available. The provisions 
of this Act shall not be applicable to any such Federal funds. 

Sec. 4. Said bonds shall bear such date or dates, shall bear interest at 
such rate or rates not exceeding four per centum (4%) per annum, shall be 
stated to mature in such amounts and at such times not more than twenty 
(20) years from their date or dates, and may be made redeemable before 
maturity, at the option of the State, at such price or prices and under such 
terms and conditions, as may be fixed by the State Treasurer with the ap- 

111 



Ch. 46 1965 — Session Laws 

proval of the Governor and Council of State; provided, however, that prior 
to the issuance of any of the bonds herein authorized the State Treasurer 
shall estimate and determine the date by which sufficient proceeds of the 
additional one cent (l<fr) per gallon tax on motor fuels provided for in 
Chapter 1250, Public Laws of 1949, and available for application to the 
payment of the principal of and the interest on the State of North Carolina 
Secondary Road Bonds authorized by said Chapter 1250, Public Laws of 
1949, shall have been received by the State to provide for the payment of 
the principal of and the interest on said Secondary Road Bonds to and in- 
cluding the final maturity thereof, and the first maturity of any of the 
bonds herein authorized shall not be earlier than one year after said date. 

Sec. 5. Said bonds shall be signed on behalf of the State of North 
Carolina by the Governor or shall bear his facsimile signature and shall 
be signed by the State Treasurer, shall bear the Great Seal of the State 
or a facsimile thereof, shall be impressed or imprinted thereon, and said 
bonds shall carry interest coupons which shall bear a facsimile of the 
signature of the State Treasurer. In case any officer whose signature or 
a facsimile of whose signature shall appear on any bonds or coupons shall 
cease to be such an officer before the delivery of such bonds, such signature 
or such facsimile shall nevertheless be valid and sufficient for all purposes 
the same as if he had remained in office until such delivery. The form and 
denomination of the bonds shall be such as the State Treasurer may de- 
termine in conformity with this Act, and said bonds shall be subject to 
registration as is now or may hereafter be provided by law for State 
bonds, and provision may also be made for the reconversion into coupon 
bonds of any bonds registered as to both principal and interest. 

Sec. 6. Subject to determination by the Governor and Council of State 
as to the manner in which said bonds shall be offered for sale, whether by 
publishing notices in certain newspapers and financial journals or by mail- 
ing notices or by inviting bids by correspondence or otherwise, the State 
Treasurer is authorized to sell said bonds at one time or from time to time 
at the best price obtainable, but in no case for less than par and accrued 
interest, and when the conditions are equal he shall give the preference 
of purchase to the citizens of North Carolina. All expenses incurred in 
the sale and issuance of the bonds and any bond anticipation notes herein 
authorized shall be paid from any premiums received on the sale of bonds 
or bond anticipation notes under this Act or from the State Highway 
Fund. 

Sec. 7. By and with the consent of the Governor and Council of State, 
who shall determine the rate or rates of maximum rate of interest and 
the date of approximate date of payment, the State Treasurer is hereby 
authorized to borrow money at the lowest rate of interest obtainable and 
to execute and issue notes of the State for the same, but only in the follow- 
ing circumstances and under the following conditions: 

(a) for anticipating the sale of any of said bonds to the issuance of 
which the Governor and Council of State shall have given consent, if the 
State Treasurer shall deem it advisable to postpone the issuance of such 
bonds, 

112 



1965 — Session Laws Ch. 46 

(b) for the payment of interest upon or the principal of any of said 
bonds then outstanding, if there shall not be sufficient funds in the State 
Treasury with which to pay such interest or principal as they respectively 
fall due, or 

(c) for the renewal of any loan evidenced by notes herein authorized. 
Sec. 8. The proceeds of said bonds and of the bond anticipation notes 

herein authorized (except the proceeds of bonds the issuance of which 
has been anticipated by such bond anticipation notes and except any pre- 
mium applied to the payment of expenses of the sale and issuance of bonds 
and bond anticipation notes as provided in Section 6 above) shall be placed 
by the State Treasurer in a special fund known as the "State Highway 
Construction Fund of 1965", and shall be disbursed only for the purpose 
provided in this Act. 

Sec. 9. Funds derived from the sale of bonds herein authorized shall be 
used in the payment of any bond anticipation notes that may have been 
issued in anticipation of the sale of such bonds and any renewals of such 
notes; and funds provided by the General Assembly for the payment of 
interest on or principal of bonds herein authorized shall be used in paying 
the interest on or principal of any notes and any renewals thereof the pro- 
ceeds of which shall have been used in paying interest on or principal of 
such bonds. Interest payable upon said notes may be evidenced by interest 
coupons, in the State Treasurer's discretion. 

Sec. 10. The full faith, credit and taxing power of the State are hereby 
pledged for the payment of the principal of and the interest on the bonds 
and notes herein authorized. 

Sec. 11. The coupons appertaining to said bonds and notes after 
maturity shall be receivable in payment of taxes, debts, dues, licenses, fines, 
and demands due the State of any kind whatsoever. 

Sec. 12. All of said bonds and notes and coupons shall be exempt from 
all State, county and municipal taxation or assessment, direct or indirect, 
general or special, whether imposed for the purpose of general revenue or 
otherwise, and the interest on said bonds and notes shall not be subject 
to taxation as for income, nor shall said bonds or notes or coupons be 
subject to taxation when constituting a part of the surplus of any bank, 
trust company or other corporation. 

Sec. 13. It shall be lawful for all executors, administrators, guardians 
and fiduciaries generally, and all sinking fund commissions, to invest any 
moneys in their hands in said bonds and notes. 

Sec. 14. From and after the time when sufficient proceeds of the addi- 
tional one cent (l<f) per gallon tax on motor fuels provided for in Chapter 
1250, Public Laws of 1949, and available for application to the payment of 
the principal of and the interest on the State of North Carolina Secondary 
Road Bonds authorized by said Chapter 1250, Public Laws of 1949, shall 
have been received by the State to provide for the payment of the principal 
of and the interest on said bonds to and including the final maturity thereof, 
said additional one cent (l<f) per gallon tax on motor fuels shall continue 
in force and shall be applied exclusively to the payment of the principal 
or redemption premium of and the interest on the State of North Carolina 

113 



Ch. 46 1965 — Session Laws 

Highway Bonds authorized and issued under the provisions of this Act; 
provided, however, that if on June 30 of any fiscal year after payment of 
the principal of and the interest on said Secondary Road Bonds shall have 
been provided for the unexpended proceeds of said additional one cent (l<f) 
per gallon tax on motor fuels then held in the State Highway Fund shall 
exceed the interest falling due on said State of North Carolina Highway 
Bonds on the next interest payment date and the principal of said bonds 
falling due on the next maturity date, such excess may be used for the 
redemption of said bonds or for any other purposes for which moneys in the 
State Highway Fund are by law available. 

Sec. 15. The question of the issuance of said three hundred million 
dollars ($300,000,000.00) State of North Carolina Highway Bonds shall be 
submitted to the qualified voters of the State of North Carolina at an 
election to be held on a date during 1965 to be fixed by the Governor by 
a proclamation issued by him; provided, that the election herein provided 
for may be held on the same day as any other State, county, municipal or 
district election, and any other State, county, municipal or district election 
may be validly held on the same day as the bond election provided for in 
this Act. Notice of said election shall be given by publication at least twice 
in a newspaper published in each county in the State or having a general 
circulation therein, and said election shall be held under and in accordance 
with the general laws of the State of North Carolina, except that no 
absentee ballots shall be allowed in said election. The provisions of G. S. 
163-31, 163-31.1 and 163-31.2 shall govern as to the registration of voters 
for said election. The State of North Carolina shall reimburse the counties 
of the State for all necessary expenses incurred in holding said election 
and registration therefor, the same to be paid out of the State Highway 
Fund. The State Board of Elections shall cause to be printed and distributed 
the ballots which are to be used in said election, which said ballots shall 
bear a facsimile of the signature of the Chairman of the State Board of 
Elections and shall be substantially in the following form: 

OFFICIAL BALLOT 
THREE HUNDRED MILLION DOLLARS 
STATE OF NORTH CAROLINA 
HIGHWAY BONDS 

□ For the issuance of Three Hundred Million Dollars ($300,000,000.00) 
State of North Carolina Highway Bonds. 

□ Against the issuance of Three Hundred Million Dollars ($300,000,000.00) 
State of North Carolina Highway Bonds. 

(Facsimile Signature) 



Chairman, State Board of Elections 

Those voting in said election who are in favor of the issuance of said 
bonds shall vote by making an X or check mark in the square opposite the 
words "For the issuance of Three Hundred Million Dollars ($300,000,000.00) 
State of North Carolina Highway Bonds". 

114 



1965— Session Laws Ch. 46-47 

Those opposed to the issuance of said bonds shall vote by making an X 
or check mark in the square opposite the words "Against the issuance of 
Three Hundred Million Dollars ($300,000,000.00) State of North Carolina 
Highway Bonds". 

Notwithstanding the foregoing provisions of this Section, voting ma- 
chines may be used in accordance with rules and regulations prescribed 
by the State Board of Elections. 

If a majority of those voting thereon in said election shall vote in favor 
of the issuance of said bonds, said bonds shall be issued as hereinbefore 
provided. In the event a majority of those voting thereon in said election 
shall vote against the issuance of said bonds, said bonds shall not be issued. 

The result of said election shall be canvassed and declared as provided 
by law for the holding of elections for State officers and the result thereof 
certified by the State Board of Elections to the Secretary of State of North 
Carolina, in the manner and at the time provided by the general election 
laws of the State. 

Sec. 16. Subject to all existing pledges of the revenues accruing to the 
State Highway Fund for paying the principal of and the interest on the 
State of North Carolina Secondary Road Bonds heretofore issued and sub- 
ject to the provisions of Section 14 of this Act, there are hereby appro- 
priated and irrevocably pledged to the payment of the principal of and 
the interest on the State of North Carolina Highway Bonds issued under 
the authority of this Act so much of the revenues accruing to the State 
Highway Fund as shall be required for such purpose. Until all of the 
bonds issued and outstanding under the authority of this Act and the 
interest and any redemption premium thereon shall be fully paid or suffi- 
cient funds for such purpose shall have been provided and set aside, the tax 
on motor fuels and automobile licenses to the extent hereby required shall 
not be repealed, diminished or applied to any purpose other than State High- 
way Fund purposes, and moneys of the State Highway Fund shall not be 
diverted to any purpose other than those purposes for which appropriations 
are now made from said fund. 

Sec. 17. All laws and clauses of laws in conflict with this Act are hereby 
repealed. 

Sec. 18. This Act shall be in full force and effect from and after its 
ratification. 

In the General Assembly read three times and ratified, this the 5th 
day of March, 1965. 

S. B. 31 CHAPTER 47 

AN ACT TO AMEND G. S. 115-183 RELATING TO THE USE OF 
SCHOOL BUSES IN IREDELL COUNTY. 

WHEREAS, the Iredell County Board of Education sponsoring a Career- 
O-Rama to be held in the Armory at Statesville, North Carolina; and 

WHEREAS, it will be necessary to transport approximately 1050 stu- 
dents from eight county high schools to the Armory; and 

115 



Ch. 47 1965 — Session Laws 

WHEREAS, special authority will have to be granted for the use of 
the county school buses for this purpose, and it is deemed appropriate to 
grant the authority for such use: Now, therefore, 

The General Assembly of North Carolina do enact: 

Section 1. The Iredell County Board of Education may permit the use 
of school buses for the transportation of pupils and teachers to attend the 
Career-O-Rama on April 9, 1965 at the Armory in Statesville, North Caro- 
lina, and the Board of Education is further authorized to use school buses 
for the same purpose for a single day during the month of April, 1966. 

Sec. 2. The Board of Education of said county shall be liable for the 
operating costs incurred in the use of said buses, said costs to include the 
cost of gasoline and oil, the compensation of the drivers and an allowance 
for depreciation of the buses, the method of calculating said operating costs 
to be determined by the State Board of Education. 

Sec. 3. Every bus operated for the purpose herein authorized shall be 
driven by a person holding a valid school bus driver's certificate or a 
chauffeur's license. 

Sec. 4. Tort claims arising out of or connected with the use of buses for 
the purpose herein set out may be brought against the Board of Education 
of Iredell County in accordance with the provision of, and subject to the 
limitations set forth in, Section 143-300.1 of the General Statutes. Said 
Board of Education shall carry insurance protecting against any claims 
which might be brought under the terms of said Statute. 

Sec. 5. In addition to the insurance required under the provisions of 
Section 4 of this Act, the Board of Education of Iredell County shall carry 
such other insurance as will, in the opinion of said Board, reasonably protect 
the pupils, teachers and drivers against injury or loss of life arising out 
of or connected with the use of said buses for the purpose herein authorized, 
provided that nothing in this Section shall be construed so as to give 
rise to any cause of action for injury or death against the Board of Educa- 
tion of said county, or the members thereof, except to the extent of the 
insurance provided by said Board. The opinion of said Board as to the 
reasonableness of any insurance provided, except insurance required under 
Section 4 hereof, shall be final and binding. 

Sec. 6. Neither the State Board of Education nor any other department, 
institution or agency of the State shall be liable for the payment of any 
tort claim arising out of or connected with the operation of any buses 
for the purpose herein authorized, nor liable for the payment of any award 
made on account of any such claim. 

Sec. 7. All laws and clauses of laws in conflict with this Act are hereby 
repealed. 

Sec. 8. This Act shall become effective upon its ratification. 

In the General Assembly read three times and ratified, this the 5th 
day of March, 1965. 



116 



1965— Session Laws Ch. 48-49 

H. B. 55 CHAPTER 48 

AN ACT TO CLARIFY THE PUBLIC WELFARE LAWS WITH RESPECT 
TO THE OPERATION OF NURSING HOMES AND BOARDING 
HOMES BY WELFARE OFFICIALS AND THEIR RELATIVES. 

The General Assembly of North Carolina do enact: 

Section 1. Subsection (b) of G. S. 108-9, as the same appears in the 
1960 Replacement Volume 3 A of the General Statutes, is hereby rewritten 
to read as follows: 

"(b) No payment of any public welfare or public assistance funds de- 
rived from any source, Federal, State, or local, shall be made for the care 
of any person in any nursing home or home for the aged or infirm owned 
or operated in whole or in part by any of the following individuals; 

(1) A member of the State Board of Public Welfare, of any county 
board of public welfare, or of any board of county commissioners; 

(2) Any official or employee of the State Department of Public Welfare 
or of any county department of public welfare; 

(3) A parent, grandparent, child, grandchild, brother or sister of any 
person designated in paragraphs (1) and (2) of this subsection; 

(4) A spouse of any person designated in paragraphs (1) and (2) of 
this subsection; 

(5) A spouse of a parent, child, brother, or sister of any person des- 
ignated in paragraphs (1) and (2) of this subsection." 

Sec. 2. All laws and clauses of laws in conflict with this Act are hereby 
repealed. 

Sec. 3. This Act shall become effective upon its ratification. 

In the General Assembly read three times and ratified, this the 5th 
day of March, 1965. 

H. B. 72 CHAPTER 49 

AN ACT TO AMEND CHAPTER 47 OF THE SESSION LAWS OF 1963, 
THE CHARTER OF THE TOWN OF KERNERSVILLE, SO AS TO 
EXTEND THE JURISDICTION OF THE TOWN POLICE ONE MILE 
OUTSIDE THE MUNICIPAL LIMITS. 

The General Assembly of North Carolina do enact: 

Section 1. Chapter 47 of the Session Laws of 1963 is hereby amended 
by adding a new Section immediately after Section 23, to be designated 
Section 23.1 and to read as follows: 

"Section 23.1. Extraterritorial jurisdiction of city police. The chief of 
police and all policemen of the Town of Kernersville are hereby authorized 
and empowered to exercise all the powers and authority, which they now 
or may hereafter have within the corporate limits, in all that territory em- 
braced within one mile in all directions from the present municipal limits 
of the town, and for such distance from any future extension of said cor- 
porate limits." 

Sec. 2. All laws and clauses of laws in conflict with this Act are hereby 
repealed. 

117 



Ch. 49-50-51-52 1965 — Session Laws 

Sec. 3. This Act shall become effective upon its ratification. 
In the General Assembly read three times and ratified, this the 5th 
day of March, 1965. 

H. B. 74 CHAPTER 50 

AN ACT TO EXTEND THE JURISDICTION OF THE POLICE OFFICERS 
OF THE TOWN OF BELHAVEN IN BEAUFORT COUNTY. 

The General Assembly of North Carolina do enact: 

Section 1. The members of the Police Department of the Town of Bel- 
haven, in Beaufort County, shall have the same power and authority, within 
all that territory within two miles of the corporate limits of the town, 
which they now possess and exercise as police officers in the corporate limits 
of said town. 

Sec. 2. All laws and clauses of laws in conflict with this Act are hereby 
repealed. 

Sec. 3. This Act shall be in full force and effect upon its ratification. 

In the General Assembly read three times and ratified, this the 5th 
day of March, 1965. 

H. B. 82 CHAPTER 51 

AN ACT TO AUTHORIZE THE BOARD OF EDUCATION OF JACKSON 
COUNTY TO APPOINT A SUPERINTENDENT OF SCHOOLS FOR 
SAID COUNTY FOR A TERM OF FOUR YEARS. 

The General Assembly of North Carolina do enact: 

Section 1. At a meeting to be held on the first Monday in April, 1965, 
or as soon thereafter as practicable, and quadrennially thereafter during the 
month of April, the Board of Education of Jackson County shall meet and 
elect a County Superintendent of Schools for Jackson County, subject to the 
approval of the State Superintendent of Public Instruction and the State 
Board of Education, who shall take office July 1st, and shall serve for a 
period of four years, or until his successor is elected and qualified. Except 
for the four-year term of office herein fixed by this Act, the procedure 
required by Chapter 115 of the General Statutes shall be observed in naming 
and appointing said County Superintendent of Schools for Jackson County. 

Sec. 2. All laws and clauses of laws in conflict with this Act are hereby 
repealed. 

Sec. 3. This Act shall be in full force and effect from and after its 
ratification. 

In the General Assembly read three times and ratified, this the 5th 
day of March, 1965. 

H. B. 85 CHAPTER 52 

AN ACT TO AUTHORIZE HERTFORD COUNTY TO SPEND CERTAIN 
FUNDS TO EXPAND THE TRI-COUNTY AIRPORT. 

The General Assembly of North Carolina do enact: 

Section 1. In order to increase the employment opportunities of the 
people of Hertford County, by helping to provide airport facilities required 

118 



1965— Session Laws Ch. 52-53 

by industrial prospects, and in order to make available to the people of 
Hertford County the full advantages of air transportation, the Board of 
County Commissioners of Hertford County is hereby authorized to appropri- 
ate funds for the improvement of the Tri-County Airport, and the expendi- 
tures to be made from the appropriations are hereby declared to be for 
a necessary expense. 

Sec. 2. From the proceeds of beer and wine tax funds allocated to 
the county under G. S. 18-81 during the fiscal year 1965-66, the Board of 
County Commissioners of Hertford County may appropriate and expend 
not more than twelve thousand five hundred dollars ($12,500.00) for the 
purpose of improving the Tri-County Airport. And from similar funds 
allocated to the county during the fiscal year 1966-67, the board of county 
commissioners may, in its discretion, appropriate and expend an additional 
twelve thousand five hundred dollars ($12,500.00). 

Sec. 3. All laws and clauses of laws in conflict with this Act are hereby 
repealed. 

Sec. 4. This Act shall be effective upon its ratification. 

In the General Assembly read three times and ratified, this the 5th 
day of March, 1965. 

H. B. 90 CHAPTER 53 

AN ACT TO AMEND THE CHARTER OF THE CITY OF WINSTON- 
SALEM AS IT RELATES TO THE TERM OF OFFICE OF MAYOR 
AND ALDERMEN, SUBJECT TO A VOTE OF THE PEOPLE, AND 
TO PRESCRIBE THE TIME FOR SUCH VOTE. 

The General Assembly of North Carolina do enact: 

Section 1. On the 4th day of May, 1965, there shall be conducted in 
the City of Winston-Salem an election on the following proposition: 

"Shall the terms for which the Mayor and Aldermen are elected be 
changed from two to four years?" 

Said election shall be conducted in conjunction with and as a part of 
the general election for Mayor and Aldermen on said date, and shall be 
conducted under the supervision and control of the same election authority 
as said general election. Notice of the election on said proposition shall be 
given as in the case of special elections. 

Sec. 2. If a majority of the qualified votes cast in said election on the 
proposition as stated in Section 1, above, shall be in favor of said proposi- 
tion, the effect of such favorable vote shall be to amend Article II, entitled 
"Elections" of the Charter of the City of Winston-Salem (Chapter 232, 
Private Laws 1927, as amended, including amendments adopted by the 
1965 Session of the General Assembly) in the following respects: 

Paragraphs 1 and 2 of Sec. 12A shall be amended to read as follows, 
effective from and after July 2, 1965: 

"1. Election of Mayor. On the same day that the regular biennial general 
election for county officials is held in 1966, and quadrennially thereafter, 
there shall be elected a mayor, who shall be a resident of the City of 
Winston-Salem. All persons voting for mayor shall cast their ballot in 

119 



Ch. 53-54 1965— Session Laws 

the respective wards in which said voters reside, and the person receiving 
the highest number of the aggregate of the votes of all of the wards for 
the office of mayor shall be declared elected. It is the intent and purpose of 
this Section that the mayor elected in 1965 shall serve for a term expiring 
on the first Monday in December, 1966, and that the mayors elected in 
1966, and quadrennially thereafter, shall serve for terms of four years 
commencing on the first Monday in December following the election. 

"2. Election of Aldermen. On the same day that the regular biennial 
general election for county officials is held in 1966, and quadrennially 
thereafter, there shall be elected eight aldermen for the City of Winston- 
Salem, who shall hold their office until their successors are qualified, of 
whom one shall be elected from North Ward, one from Northeast Ward, 
one from East Ward, one from Southeast Ward, one from South Ward, 
one from Southwest Ward, one from West Ward, and one from Northwest 
Ward. Each alderman shall be a resident of the ward in which he is elected, 
and he shall be elected by the qualified voters of his ward only. It is the 
intent and purpose of this Section that the aldermen elected in 1965 shall 
serve for terms expiring on the first Monday in December, 1966, and that 
the aldermen elected in 1966, and quadrennially thereafter, shall serve for 
terms of four years commencing on the first Monday in December following 
the election." 

Sec. 3. Section 2 of this Act is drawn upon the assumption that the 
1965 Session of the General Assembly will enact that certain bill entitled 
"A BILL TO BE ENTITLED 'AN ACT AMENDING THE CHARTER OF 
THE CITY OF WINSTON-SALEM, AND OTHER APPLICABLE LAWS, 
AS THEY RELATE TO ELECTIONS IN THE CITY OF WINSTON- 
SALEM' "; further, that the provisions of that bill, after enactment into 
law, shall be modified by the provisions of Section 2 hereof if there shall 
be a favorable vote upon the proposition set out in Section 1 hereof. 

Sec. 4. All laws and clauses of laws in conflict herewith are hereby 
repealed. 

Sec. 5. This Act shall be in full force and effect from and after its 
ratification, subject, nevertheless, to the proviso that Section 2 hereof shall 
not become effective unless there shall be a favorable vote upon the proposi- 
tion set out in Section 1 of this Act, and, further, that if said vote shall 
be favorable, the provisions of Section 2 shall be in full force and effect 
only from and after July 1, 1965. 

In the General Assembly read three times and ratified, this the 5th 
day of March, 1965. 

S. B. 29 CHAPTER 54 

AN ACT TO EXTEND THE MUNICIPAL LIMITS OF THE CITY OF 
LUMBERTON, IN ROBESON COUNTY. 

The General Assembly of North Carolina do enact: 

Section 1. The municipal limits of Lumberton, in Robeson County, are 
hereby extended by incorporating within the said municipal limits the fol- 
lowing described property. 

120 



1965 — Session Laws Ch. 54 

"Beginning at a point in Gum Branch Canal in the corporate limit line 
of the City of Lumberton, N. C. and runs thence (leaving Gum Branch 
Canal) South 57 degrees and 19 minutes West (crossing N. C. Highway 
No. 41) 1189.1 feet to a stake on the South side of the old Marion Stage 
Road, thence along the South side of the old Marion Stage Road the follow- 
ing courses and distances: South 62 degrees and 24 minutes West 126.5 
feet; South 68 degrees and 45 minutes West 510.5 feet; South 71 degrees 
and 10 minutes West 567.2 feet; South 66 degrees and 28 minutes West 
623.0 feet and South 63 degrees and 06 minutes West 594.4 feet to a stake 
on the South side of the old Marion Stage Road opposite the southwest 
corner of the new high school site, thence crossing the eld Marion Stage 
Road North 23 degrees and 15 minutes West 44.1 feet to an old iron stake, 
the southwest corner of the new high school site, thence with the West 
line of the new high school site North 23 degrees and 15 minutes West 
1352.7 feet to an old iron stake the northwest corner of the high school 
site, thence with the North line of the new high school site North 66 
degrees and 45 minutes East 1320.0 feet to an iron stake, the northeast 
corner of the high school site, thence with the East line of the high school 
site South 23 degrees and 15 minutes East 1207.2 feet to an iron stake in 
the East line of said school site, thence leaving the high school site and 
running North 67 degrees and 31 minutes East 1262.6 feet to an iron 
stake on the West bank of a ditch, thence North 58 degrees and 58 minutes 
East 156.5 feet to an iron stake, thence North 57 degrees and 37 minutes 
East 429.2 feet to an iron stake in the West edge of a ditch, thence with 
the West edge of the ditch North 42 degrees and 05 minutes West 110.0 
feet to a stake in the West edge of the ditch, thence still with the West 
edge of the ditch North 10 degrees and 40 minutes East 102.3 feet to a 
point in Gum Branch Canal in the present corporate limit line of the City 
of Lumberton, N. C, thence with Gum Branch Canal and the present cor- 
porate limit line of the City of Lumberton, N. C. South 80 degrees and 08 
minutes East 488.0 feet to the beginning. Bearings are magnetic as of 
Oct. 1963." 

Sec. 2. From and after the effective date of this Act, the annexed ter- 
ritory, its citizens and property, shall be subject to all debts, laws, ordi- 
nances and regulations in force in such municipality and shall be entitled 
to the same privileges and benefits as other parts of such municipality. The 
newly annexed territory shall be subject to municipal taxes levied for the 
fiscal year following the date of annexation. 

Sec. 3. All laws and clauses of laws in conflict with this Act are hereby 
repealed. 

Sec. 4. This Act shall be in full force and effect from and after its 
ratification. 

In the General Assembly read three times and ratified, this the 9th 
day of March, 1965. 



121 



Ch. 55 1965 — Session Laws 

H. B. 59 CHAPTER 55 

AN ACT TO AMEND CHAPTER 136 OF THE GENERAL STATUTES 
RELATING TO THE STATE HIGHWAY COMMISSION. 

The General Assembly of North Carolina do enact: 

Section 1. G. S. 136-1 is hereby amended by rewriting said Section to 
read as follows: 

"Sec. 136-1. State Highway Commission created; chairman and mem- 
bers; compensation; entire State represented; formulation of general pol- 
icies; rules and regulations. There is hereby created a State Highway 
Commission, to be composed of a chairman and fourteen members appointed 
by the Governor. On July 1, 1965, the Governor shall appoint a chairman 
and fourteen members to serve four-year terms. One commissioner shall 
reside in each of the fourteen engineering divisions established by G. S. 
136-14.1. The chairman or any member appointed pursuant to this Section 
may be removed from office by the Governor for cause. In case of death, 
resignation, or removal from office of the chairman or a member prior to 
the expiration of his term of office, his successor shall be appointed by the 
Governor to fill out the unexpired term. 

"The chairman shall devote his entire time and attention to the work 
of the Commission, and shall be paid a salary fixed by the Governor, sub- 
ject to the approval of the Advisory Budget Commission. The chairman 
shall be the chief executive officer of the Commission and the director of 
highways, and shall be vested with the authority of the Commission as 
may be delegated to him by the Commission when the Commission is not 
in session, and shall execute all orders, rules and regulations established 
by the Commission. The chairman, when the Commission is not in session, 
shall be the officer upon whom service of legal process for the State High- 
way Commission shall be made; additional process agents may be desig- 
nated by the Commission. 

"The members -of the Commission shall each receive, while engaged in 
the discharge of the duties of their office, such per diem, subsistence, and 
necessary travel expenses as are provided by law for members of State 
boards and commissions generally. 

"It is the intent and purpose of this Section that the chairman and 
members of the Commission shall represent the entire State and not rep- 
resent any particular area; provided, however, each commissioner shall be 
responsible for relations with the public generally and with individual 
citizens regarding highway matters in the division in which he resides. 
In addition, the State Highway Commission shall, from time to time, pro- 
vide that one or more of its members or representatives shall publicly 
hear any person or persons desiring to bring to their attention such high- 
way matters as such person or persons may deem wise, in each of said 
geographic areas of the State. 

"The Commission shall formulate general policies and make rules and 
regulations as it may deem necessary, governing the construction, improve- 
ment and maintenance of the roads and highways of the State, with due 
regard to farm-to-market roads and school bus routes. It is the intent and 

122 



1965 — Session Laws Ch. 55 

purpose of this Section that there shall be maintained and developed a 
state-wide system of roads and highways commensurate with the needs of 
the State as a whole and not to sacrifice the general state-wide interest 
to the purely local desires of any particular area." 

Sec. 2. G. S. 136-2 is hereby amended by rewriting the first paragraph 
of said Section to read as follows: 

"Sec. 136-2. Headquarters; meetings; minutes. The headquarters and 
main office of said Commission shall be located in Raleigh, and the Com- 
mission shall meet once in each sixty days at such regular meeting time 
as the Commission by rule may provide and at any place within the State 
as the Commission may provide, and may hold special meetings at any 
time or place within the State at the call of the chairman, or the Governor, 
or any three members of the Commission; provided, however, the Com- 
mission shall hold each year at least one meeting in a town or city East of 
Raleigh, one meeting in a town or city West of Raleigh but East of Hickory, 
and one meeting in a town or city West of Hickory, at which meetings the 
Commission shall, in addition to its other business, be available to the mem- 
bers of the public who wish to be heard regarding highway matters." 

Sec. 3. G. S. 136-4 is hereby amended by rewriting said Section to read 
as follows: 

"Sec. 136-4. State Highway Administrator. There shall be a State High- 
way Administrator, who shall be a career official and the administrative 
officer of the State Highway Commission. The State Highway Administrator 
shall be appointed by the chairman, subject to the approval of the State 
Highway Commission, and may be removed at any time by the chairman 
with the approval of the State Highway Commission. The State Highway 
Administrator shall be paid a salary fixed by the Governor subject to the 
approval of the Advisory Budget Commission. 

"Except as hereinafter provided, the State Highway Administrator shall, 
in accordance with the State Personnel Act, and with the approval of the 
Chairman of the State Highway Commission, appoint all subordinate officers 
and employees of the State Highway Commission, and they shall perform 
duties and have responsibilities as the State Highway Administrator may 
assign them. 

"The State Highway Administrator shall have such powers and perform 
such duties as the State Highway Commission shall prescribe." 

Sec. 4. G. S. 136-4.1 is hereby amended by rewriting said Section to 
read as follows: 

"Sec. 136-4.1. Controller. There shall be a Controller, who shall be a 
career official and the financial officer of the State Highway Commission. 
The Controller shall be appointed by the Chairman of the State Highway 
Commission, subject to the approval of the State Highway Commission, 
and may be removed at any time by the Chairman of the State Highway 
Commission with the approval of the State Highway Commission. The 
Controller shall be paid a salary fixed by the Governor, subject to the ap- 
proval of the Advisory Budget Commission. 

"The Controller shall, under the direction of the Chairman of the 
State Highway Commission, and in accordance with and subject to the 

123 



Ch. 55 1965 — Session Laws 

requirements of the Executive Budget Act, develop formalized procedures, 
budgets, internal audits, systems, and reports covering all financial phases 
of highway activity. 

"The Controller shall give a bond, to be fixed and approved by the 
Governor, conditioned upon the faithful discharge of the duties of his office, 
and upon proper accounting of all public funds coming into his possession 
or under his control. The premium on the bond shall be paid from the 
Highway Fund." 

Sec. 5. G. S. 136-4.2, as it appears in the 1964 Replacement Volume 3B 
of the General Statutes, is hereby amended by striking out, in lines two, 
three, five and six of said Section the word "Director" and substituting in 
lieu thereof the words "State Highway Administrator". 

Sec. 6. G. S. 136-4.3 is amended by rewriting said Section to read as 
follows: 

"Sec. 136-4.3. Secondary Roads Officer. There shall be a Secondary 
Roads Officer, who shall be appointed by the Chairman of the State High- 
way Commission with the approval of the State Highway Commission, and 
he may be removed at any time by the Chairman of the State Highway 
Commission with the approval of the State Highway Commission. The 
Secondary Roads Officer shall be paid a salary fixed by the Governor, sub- 
ject to the approval of the Advisory Budget Commission. 

The Secondary Roads Officer shall, in consultation with the commissioner 
assigned to the geographic area, prepare annual plans for each county pro- 
viding for maintenance and construction of the secondary roads. In de- 
veloping the plan, he shall follow the procedures set forth in G. S. 136-61." 

Sec. 7. G. S. 136-13 is hereby amended by rewriting said Section to read 
as follows: 

"Sec. 136-13. Malfeasance of Commissioners, officers, contractors, sup- 
pliers and others. 

"(a) It shall be unlawful for any person, firm, or corporation to, directly 
or indirectly, corruptly give, offer, or promise anything of value to any 
member of the State Highway Commission, or any officer or employee of 
the State Highway Commission, or to promise any member of the State 
Highway Commission or any officer or employee of the State Highway 
Commission to give anything of value to any other person with intent: 

(1) to influence any official act of any member of the State Highway Com- 
mission or any officer or employee of the State Highway Commission; or 

(2) to influence such member of the State Highway Commission or any 
officer or employee of the State Highway Commission to commit or aid in 
committing, or collude in, or allow, any fraud, or to make opportunity for 
the commission of any fraud on the State Highway Commission or the 
State of North Carolina; or (3) to induce a member of the State Highway 
Commission or any officer or employee of the State Highway Commission 
to do or omit to do any act in violation of his lawful duty. 

"(b) It shall be unlawful for any member of the State Highway Com- 
mission, or any officer or employee of the State Highway Commission, di- 
rectly or indirectly, to corruptly ask, demand, exact, solicit, accept, receive, 
or agree to receive anything of value for himself or any other person or 

124 



1965— Session Laws Ch. 55 

entity in return for: (1) being influenced in his performance of any official 
act or (2) being influenced to commit or aid in committing, or to collude 
L or allow, any fraud, or to make opportunity for the commission of any 
fraud on the St'ate Highway Commission or the State 6 ^orth Caro^a 
or (3) being induced to do or omit to do any act m violation of his official 

dUt "'(c) The violation of any of the provisions of this Section shall be 
cause for forfeiture of public office and shall be a felony punishable by 
a fine of not more than twenty thousand dollars ($20,000.00), or three times 
the monetary equivalent of the thing of value, whichever is greater, or im- 
prisonment of not more than ten years, or by both such fine and imprison- 

men S t el 8. Chapter 136 of the General Statutes is hereby amended by 
adding a new Section following G. S. 136-13, to be designated as G. S. 
136-13.1 and to read as follows: 

"Sec 136-13.1. Prohibiting Misuse of Public Office. No member of the 
State Highway Commission, nor any official or employee of the State High- 
way Commission, shall be permitted to use his position to influence elections 
or the political action of any person." 

Sec. 9. G. S. 136-14 is hereby amended by changing the period at the 
end of said Section to a comma, and adding the following: 

"nor shall any member of the State Highway Commission, directly or 
indirectly, engage in any transaction involving the sale of or trading ot 
real or personal property with the State Highway Commission, or profit m 
any manner by reason of his official action or his official position except 
to receive such salary, fees and allowances as by law provided Violation 
of this Section shall be a felony punishable by fine of not more than twenty 
thousand dollars ($20,000.00), or three times the value of the transaction, 
or by both fine and imprisonment." 

Sec 10 G S. 136-14.1, as it appears in the 1964 Replacement Volume 
3B of the General Statutes, is hereby amended, by striking out in line five 
the words "Director of Highways" and in line seven the word "Director^ 
and substituting in lieu thereof the words "State Highway Administrator . 
Sec. 11. G. S. 136-29, as it appears in the 1964 Replacement Volume 
3B of the General Statutes, is hereby amended by striking out the words 
"Director of the State Highway Commission" as they appear in whole or 
in part in lines five, six, nine, eleven, sixteen, seventeen, twenty-six and 
twenty-seven of said Section, and substituting in lieu thereof the words 
"State Highway Administrator", and by adding in line thirteen following 
the words "shall have" the phrase "with the approval of the State High- 
way Commission." 

Sec. 12. G. S. 136-62, as it appears in the 1964 Replacement Volume 
3B of the General Statutes, is hereby amended by striking in line three 
of said Section the words "Director of Highways" and substituting in lieu 
thereof the words "Chairman of the State Highway Commission". 

Sec. 13. G. S. 136-63, as it appears in the 1964 Replacement Volume 3B 
of the General Statutes, is hereby amended by striking, in lines three and 
thirteen the words "Director of Highways" and substituting in lieu thereof 

125 



Ch. 55-56 1965 — Session Laws 

the words "Chairman of the State Highway Commission" and by striking 
in lines five and eleven the word "Director" and substituting in lieu thereof 
the word "Chairman". 

Sec. 14. G. S. 136-105, as it appears in the 1964 Replacement Volume 3B 
of the General Statutes, is hereby amended by striking from the title of 
said Section the words "Director of Highway Commission" and substituting 
in lieu thereof the words "State Highway Commission" and by striking 
at the end of said Section the words "Director of the Highway Commission" 
and substituting in lieu thereof the phrase "Chairman of the State Highway 
Commission, or such other process agents as may be designated by the 
Highway Commission". 

Sec. 15. G. S. 136-106, as it appears in the 1964 Replacement Volume 
3B of the General Statutes, is hereby amended by striking in lines twelve 
and thirteen of said Section the words "Director of Highways, State High- 
way Commission" and substituting in lieu thereof the phrase "Chairman 
of the State Highway Commission, or such other process agents as may 
be designated by the Highway Commission". 

Sec. 16. G. S. 114-4.2, as it appears in the 1960 Replacement Volume 3A 
of the General Statutes, is hereby amended by striking in the title of said 
Section and in line four of the text of said Section the words "Director 
of Highways" and substituting in lieu thereof the words "Chairman of the 
State Highway Commission". 

Sec. 17. All laws and clauses of laws in conflict with this Act are hereby 
repealed. 

Sec. 18. This Act shall become effective July 1, 1965. 

In the General Assembly read three times and ratified this the 9th 
day of March, 1965. 



H. B. 79 CHAPTER 56 

AN ACT TO AUTHORIZE THE TOWN OF FOUR OAKS TO SELL 
REAL PROPERTY OWNED BY THE TOWN AT PRIVATE SALE. 

The General Assembly of North Carolina do enact: 

Section 1. Notwithstanding the provisions of G. S. 160-59, the govern- 
ing body of the Town of Four Oaks in Johnston County is hereby authorized, 
in its discretion, to sell and convey certain real property owned by the 
town, which is not required for municipal purposes, at private sale, for 
cash consideration and upon such terms as in the judgment of the gov- 
erning body shall be in the best interest of the citizens of the Town of 
Four Oaks, said real property situated in the Town of Four Oaks, Johnston 
County, North Carolina, being described as follows: 

BEGINNING at a stake on the right of way of Atlantic Coast Line 
Railroad, Wade Stanley's corner; thence North 22 degrees 12 minutes West 
along Wade Stanley's line 107 feet to a stake; thence North 67 degrees 48 
minutes East 30 feet to a stake in the line of Baker Street; thence South 
22 degrees 12 minutes East along Baker Street 107 feet to a stake on 
the Atlantic Coast Line Railroad right of way line; thence along said 

126 



1965 — Session Laws Ch. 56-57-58 

right of way line South 67 degrees 48 minutes West 30 feet to a stake, 
the point of Beginning, and being adjacent to Four Oaks Fire Department 
Building line, being a portion of lot Number One in Block A of the plat 
of the Town of Four Oaks, North Carolina, and a portion of the property 
described in Book 575, Page 248 of the Johnston County Registry. 

Sec. 2. G. S. 160-59 to the extent that it conflicts with this Act and all 
other laws and clauses of laws in conflict with this Act are hereby repealed. 

Sec. 3. This Act shall become effective upon its ratification. 

In the General Assembly read three times and ratified, this the 9th 
day of March, 1965. 

H. B. 26 CHAPTER 57 

AN ACT TO FIX THE COMPENSATION OF THE CHAIRMAN OF THE 
BOARD OF COUNTY COMMISSIONERS OF HOKE COUNTY. 

The General Assembly of North Carolina do enact: 

Section 1. Effective July 1, 1965, the Chairman of the Board of County 
Commissioners of Hoke County shall receive as compensation for his serv- 
ices the sum of sixty dollars ($60.00) per month. 

Sec. 2. Effective July 1, 1965, all other members of the Board of County 
Commissioners of Hoke County shall receive as compensation for their 
services the sum of forty dollars ($40.00) per month. 

Sec. 3. All laws and clauses of laws in conflict with this Act are hereby 
repealed. 

Sec. 4. This Act shall be in full force and effect upon its ratification. 

In the General Assembly read three times and ratified, this the 10th 
day of March, 1965. 

H. B. 50 CHAPTER 58 

AN ACT AMENDING CHAPTER 496 OF THE 1961 SESSION LAWS 
AUTHORIZING A TAX LEVY IN GRANVILLE COUNTY FOR 
BUILDING AND REPAIR PURPOSES. 

The General Assembly of North Carolina do enact: 

Section 1. Section 1 of Chapter 496 of the 1961 Session Laws of North 
Carolina is hereby amended by rewriting all of the Section following the 
first three lines to read as follows: 

"The Board of Commissioners of Granville County, to meet the costs of 
erecting and repairing buildings for county use and for general improve- 
ments and repairs to county buildings and equipment, may annually levy 
a tax not to exceed ten cents (10</) per one hundred dollar ($100.00) valua- 
tion of property on taxable property in the county, the proceeds of which, 
when added to other available funds, is calculated to produce, by accumula- 
tion during a period of years, sufficient funds to pay for the erection, im- 
provement and repair of buildings and equipment for county use as may 
be required. All funds raised and set aside for this purpose from such 
special levy or from other sources shall be placed in a sinking fund or 

127 



Ch. 58-59-60 1965— Session Laws 

otherwise earmarked and shall not be available or expended for any other 
purpose. The levy herein authorized is hereby declared to be for a necessary 
expense and for a special purpose." 

Sec. 2. All laws and clauses of laws in conflict with this Act are hereby 
repealed. 

Sec. 3. This Act shall be in full force and effect from and after its 
ratification. 

In the General Assembly read three times and ratified, this the 10th 
day of March, 1965. 

H. B. 54 CHAPTER 59 

AN ACT TO REGULATE AND FIX THE SALARIES OF THE SHERIFF, 
REGISTER OF DEEDS, AND CLERK OF SUPERIOR COURT, OF 
LENOIR COUNTY. 

The General Assembly of North Carolina do enact: 

Section 1. From and after the effective date of this Act, the salary 
of the Sheriff of Lenoir County shall be fixed by the commissioners of said 
county at a minimum of not less than seven thousand dollars ($7,000.00) 
and a maximum of not more than nine thousand three hundred dollars 
($9,300.00) both sums per annum, payable in equal monthly installments. 

Sec. 2. From and after the effective date of this Act, the salary of 
the Register of Deeds of Lenoir County shall be fixed by the commissioners 
of said county at a sum of not less than six thousand dollars ($6,000.00) 
per annum nor more than eight thousand three hundred dollars ($8,300.00) 
per annum, payable in equal monthly installments. 

Sec. 3. From and after the effective date of this Act, the salary of 
the Clerk of the Superior Court of Lenoir County shall be fixed by the com- 
missioners of said county at not less than seven thousand four hundred 
ninety dollars ($7,490.00) per annum, nor more than nine thousand seven 
hundred ninety dollars ($9,790.00) per annum, payable in equal monthly in- 
stallments. 

Sec. 4. All laws and clauses of laws in conflict with this Act are hereby 
repealed. 

Sec. 5. This Act shall be in full force and effect on and after July 1, 
1965. 

In the General Assembly read three times and ratified, this the 10th 
day of March, 1965. 

H. B. 61 CHAPTER 60 

AN ACT TO AUTHORIZE THE BOARD OF COUNTY COMMISSIONERS 
OF FORSYTH COUNTY, SUBJECT TO THE APPROVAL OF THE 
VOTERS OF SAID COUNTY, TO ESTABLISH AND OPERATE A 
COUNTY LIBRARY SYSTEM AND TO LEVY A SPECIAL TAX 
THEREFOR. 

The General Assembly of North Carolina do enact: 

Section 1. The Board of County Commissioners of Forsyth County is 
hereby authorized to submit to the voters of Forsyth County, at an election 

128 






1965 — Session Laws Ch. 60 

to be called for that purpose, the question of whether or not a special tax 
may be levied for support of a Forsyth County Library System. 

Such question shall be submitted to the voters at the same time as 
any primary or general election for county or municipal officers. Such elec- 
tion shall be conducted according to the laws governing general elections 
for county or municipal officers in Forsyth County or the City of Winston- 
Salem. 

The form of the question as stated on the ballot shall be in substantially 
the words: "For authority to levy a special library tax of not more than 
five cents (5tf)."; and "Against authority to levy a special library tax of 
not more than five cents (5tf)." Such affirmative and negative forms shall 
be printed on one ballot, containing squares opposite the affirmative and 
the negative forms in one of which squares the voter may make a mark 
(X): Provided, that the maximum tax levy to be submitted to the voters 
shall be determined by the Board of County Commissioners, which maximum 
shall in no event exceed five cents (5tf) on the one hundred dollars ($100.00) 
valuation of property. 

If a majority of the qualified voters in such election favor the levy of 
the tax, the governing body of the county may levy and cause to be col- 
lected, as other general taxes are collected, a special library tax within 
the limits approved by the voters in an amount which will, when taken 
with other revenues made available for the Forsyth County Library System, 
be sufficient to meet annual appropriations for library purposes (including 
operating expenses, capital outlay, purchase of books, supplies and ma- 
terials, and all other expenses related to the providing of library services) 
approved by the Board of County Commissioners of Forsyth County. 

Sec. 2. Upon approval of the levy of a tax for library purposes in 
Forsyth County, pursuant to the provisions of Section 1 of this Act, the 
Board of County Commissioners of Forsyth County is authorized to estab- 
lish and support a public library system which shall be known as the 
"Forsyth County Library System." The Library System shall consist of 
such main library buildings and such branch library buildings as may be 
acquired for library purposes by the Board through purchase, construction, 
gift, devise, or in such other manner as the Board of County Commissioners 
may deem appropriate. The municipalities within Forsyth County are 
hereby authorized to donate, transfer and convey to Forsyth County any 
property, real, personal, or mixed, that will aid the County in establishing 
and operating the Forsyth County Library System; and the City of Win- 
ston-Salem is to transfer all of its library property to Forsyth County if 
the special library tax, authorized herein, is approved by the voters of 
Forsyth County. In addition, all municipalities in Forsyth County are ex- 
pressly authorized to make appropriations of non-tax funds to aid in the 
support of the Forsyth County Library System. 

The annual budget of the Forsyth County Library System shall be sub- 
mitted to the Forsyth County Board of Commissioners for consideration 
and approval. 

Sec. 3. The use of the Forsyth County Library System established pur- 
suant to this Act shall be forever free to the inhabitants of Forsyth County, 

129 



Ch. 60 1965— Session Laws 

subject to such reasonable rules and regulations as may be adopted by the 
Board of Trustees of the Library and approved by the governing body of 
the County. The governing body of the County may enter into agreements 
with other governmental units with respect to join operation of library 
facilities or with respect to providing library services to all of the con- 
tracting governmental units. 

Sec. 4. If the Forsyth County Library System shall be established by 
the Board of County Commissioners of Forsyth County, as herein provided, 
the same shall be governed by a Board of Trustees appointed by the Board 
of County Commissioners of Forsyth County, chosen from the citizens at 
large with reference to their fitness for such office. For the initial term, two 
members shall be appointed for a term of one year, two members for 
terms of two years, and two members for terms of three years, and until 
their successors are appointed and qualified. Thereafter the terms of mem- 
bers shall be for three years and until their successors are appointed and 
qualified. The Board of County Commissioners of Forsyth County may, in 
its discretion, designate one or more of its own members to serve ex officio 
as one of the six members of the Library Board in addition to his other 
duties. Such governing body member shall serve on the Library Board for 
the duration of his term of office and shall have full rights, duties, and re- 
sponsibilities as a member of the Board. Service on the Library Board by 
a member of the Board of County Commissioners shall be deemed to be an 
additional duty of his office as a member of the Board of County Com- 
missioners. The Trustees shall elect a chairman, vice chairman, secretary, 
and such other officers as it may deem necessary, either from the member- 
ship of the Board or from the employees of the library. Each vacancy on 
the Board of Trustees shall be immediately reported by the Trustees to 
the Board of County Commissioners so that the Board of County Com- 
missioners may fill such vacancy for the unexpired term. The Board of 
County Commissioners may remove any Trustee for incapacity, unfitness, 
misconduct, or for neglect of duty. Members of the Board of Trustees shall 
serve without compensation. 

Sec. 5. If the Forsyth County Library System shall be established by 
the Board of County Commissioners, as herein provided, all of the provisions 
of Article 8 of Chapter 160 of the General Statutes of North Carolina not 
inconsistent with this Act shall be applicable to said Library System. To 
that end, this Act shall be deemed to provide an additional and alternate 
method for doing the things authorized hereby and shall be regarded as 
supplemental and additional to the powers conferred by other laws, and 
shall not be regarded as in derogation of or as repealing any powers exist- 
ing under any other law, either general, special or local, except to the 
extent that a direct conflict exists in which case the provisions of this Act 
shall prevail. 

Sec. 6. The establishment of the Forsyth County Library System shall 
be conditioned upon the approval of the expenditure of tax funds for the 
support of such library in accordance with the provisions of this Act; pro- 
vided, however, that a failure of the voters to approve the levy of a tax to 
support library services for Forsyth County shall not be construed to 

130 



1965— Session Laws Ch. 60-61 

deprive the County and the municipalities therein from continuing to con- 
tribute non-tax funds to the support of the library services of such County 
or municipalities. 

Sec. 7. This Act shall apply to Forsyth County only. 

Sec. 8. All laws and clauses of laws in conflict herewith are hereby 
repealed. 

Sec. 9. This Act shall be in full force and effect from and after 
ratification. 

In the General Assembly read three times and ratified, this the 10th 
day of March, 1965. 

H. B. 67 CHAPTER 61 

AN ACT AMENDING CHAPTER 362 OF THE 1963 SESSION LAWS 
RELATING TO THE SALARIES OF OFFICERS OF GRANVILLE 
COUNTY. 

The General Assembly of North Carolina do enact: 

Section 1. Section 8 of Chapter 362 of the 1963 Session Laws of North 
Carolina is hereby amended in the following three respects: 

(1) By substituting the words and figures "forty-eight hundred dollars 
($4800.00) and not more than seven thousand dollars ($7000.00)," in lieu 
of the words and figures "forty-seven hundred dollars ($4700.00) and not 
more than sixty-five hundred dollars ($6500.00)," in the third and fourth 
lines of the first paragraph of said Section 8. 

(2) By substituting the words and figures "forty-five hundred dollars 
($4500.00)" in place of the words and figures "forty-two hundred dollars 
($4200.00)," in the sixth line of the second paragraph of said Section 8. 

(3) By substituting the words and figures "four thousand dollars 
($4000.00)" in lieu of the words and figures "thirty-five hundred dollars 
($3500.00)" in the eleventh line of the second paragraph of said Section 8. 

Sec. 2. Section 9 of Chapter 362 of the 1963 Session Laws of North 
Carolina is hereby amended in the following two respects: 

(1) By substituting the words "seven thousand dollars ($7000.00)" in 
lieu of the words "sixty-five hundred dollars ($6500.00)" in line four of 
said Section 9. 

(2) By rewriting the second sentence of said Section 9 so that the 
same shall read as follows: 

"The Register of Deeds of Granville County may appoint two assistant 
or deputy registers of deeds and a typist or two typists, as he or she 
may deem best, who shall be paid a salary by the county, in equal monthly 
installments. The salary of the assistant or deputy registers of deeds shall 
be not less than twenty-four hundred dollars ($2400.00) and not more than 
forty-five hundred dollars ($4500.00), per annum, each, and the salary of 
the typists shall be not less than twenty-four hundred dollars ($2400.00) and 
not more than four thousand dollars ($4000.00), per annum, each, to be 
fixed by the board of commissioners of said county;". 

Sec. 3. Section 13 of Chapter 362 of the 1963 Session Laws of North 
Carolina be amended in the following respect: 

131 



Ch. 61-62 1965— Session Laws 

(1) By rewriting Section 13 so that the same shall read as follows: 

"Sec. 13. The members of the Board of Commissioners of Granville 
County shall receive an annual salary of six hundred dollars ($600.00), 
payable in twelve (12) equal monthly installments. In addition, the mem- 
bers of the Board of Commissioners of Granville County shall be paid the 
sum of fifteen dollars ($15.00) per day for each day they are engaged in the 
performance of their official duties. Said board of commissioners shall allow 
and pay to themselves from county funds traveling expenses at eight cents 
(84) per mile for each mile actually traveled by them respectively in 
going to and returning from regular or special meetings of said board, 
and in the discharge of their duties as such commissioners." 

Sec. 4. The Board of Commissioners of Granville County is hereby 
authorized to pay not more than eight cents (8tf) per mile for each mile 
actually traveled by county officers and employees when such officers or 
employees are entitled to be compensated for mileage actually traveled by 
them in the discharge of their duties. 

Sec. 5. All laws and clauses of laws in conflict with this Act are hereby 
repealed to the extent of such conflict, but Chapter 306 of the Session Laws 
of 1945 and such parts of Chapter 102 of the Public-Local Laws of 1919, 
as amended, and other laws not in conflict with this Act, are not repealed 
and shall remain in full force and effect. 

Sec. 6. This Act shall be in full force and effect from and after its 
ratification. 

In the General Assembly read three times and ratified, this the 10th 
day of March, 1965. 



H. B. 84 CHAPTER 62 

AN ACT RELATING TO THE COMPENSATION OF THE CHAIRMAN 
OF THE BOARD OF COUNTY COMMISSIONERS OF PASQUOTANK 
COUNTY. 

The General Assembly of North Carolina do enact: 

Section 1. The Board of County Commissioners of Pasquotank County 
is authorized, in its discretion, to fix the salary of the Chairman of the 
Board of County Commissioners in an amount not exceeding one hundred 
dollars ($100.00) per month and to pay him a travel and expense allowance 
in an amount not exceeding fifty dollars ($50.00) per month for travel 
and other expenses incurred in performing his official duties in Pasquotank 
County. The Board is also authorized, in its discretion, to provide, in addition 
to the foregoing, for reimbursement of such expenses as may be incurred 
by the chairman in performing his official duties outside Pasquotank County. 
In the event that the Board fixes the salary of the Chairman of the Board 
and provides for reimbursement of his expenses as herein set out, then the 
Board may also, in its discretion, make any such action retroactive to Jan- 
uary 1, 1965. 

Sec. 2. All laws and clauses of laws in conflict with this Act are hereby 
repealed. 

132 



1965— Session Laws Ch. 62-63 

Sec. 3. This Act shall become effective upon its ratification. 
In the General Assembly read three times and ratified, this the 10th 
day of March, 1965. 

S B 14 CHAPTER 63 

AN ACT TO AUTHORIZE THE GOVERNING BODY OF THE CITY OF 

l^Sngton to establish a retirement or pension 
fund for employees. 

The General Assembly of North Carolina do enact: 

Section 1. The Governing Body of the City of Lexington is hereby 
authorized to establish or provide for a retirement system to provide for 
the payment of benefits to its employees or to their beneficiaries m the 
following cases: 

(1) Retirement, because of age; 

(2) Disability; 

(3) Death. . ., 
Sec 2. Such system shall include such officers and employees of the 

City as shall be determined by the Council. The City shall contribute to 
the system in such amounts as it shall determine, in order to meet the 
liabilities accruing because of personal services rendered to the City by 
its officers and employees; provided, however, that the system may also pro- 
vide benefits which are based, partly or entirely, upon personal services ren- 
dered to the City prior to the establishment thereof, and the City may 
contribute the entire cost of benefits based on any such prior service. The 
Governing Body may provide that employees shall share in the cost ol 
financing the system, upon such terms as it deems advisable. The expense 
of administering the system shall be paid as provided by the Governing 
Body and the Governing Body shall appropriate each year sufficient revenue 
to provide for the expense of the administration. 

Sec. 3. The system shall be maintained on a solvent actuarial reserve 
basis for all benefits beginning at its inauguration date, excepting the 
present value of benefits based on prior service. 

Sec. 4. The contribution required to cover the cost of benefits based 
on prior service, if any, shall be sufficient to fund the liability for such 
prior service in not more than forty years from the date of establishment 
of the system. . 

Sec. 5. The ordinance may provide for the appointment or election ol 
a retirement board or board of trustees, and for the delegation to such 
board of such powers and duties as may be deemed necessary to carry out 
the intent and purpose for which the system is established. If such a re- 
tirement board or board of trustees is provided for, the said board shall 
consist of a member or members of the Governing Body, an employee or 
employees entitled to participate in the system, and one or more citizens 
of the City not officially connected with the City nor entitled to participate 
in the system. 

Sec. 6. The City may provide for the payment of one or more ol the 
benefits enumerated in Section 2 of this Act by contracting with the govern- 

133 



Ch. 63-64 1965— Session Laws 

ing body of any other municipality or municipalities in the State, with the 
United States Government or any of its agencies or departments, with 
the State of North Carolina or any of its agencies or departments, or may 
contract with any insurance company or other corporation for the per- 
formance of any service in connection with the establishment of such 
Fund, or for the investment, care, or administration of such Fund, or for 
any other service relating thereto. 

The City or any other governing body, agency, insurance company, 
person, or corporation contracting with the City for the investment, care 
or administration of said system may invest and reinvest the funds thereof 
in one or more of the types of securities or other investments authorized 
by Section 58-79 of the General Statutes of North Carolina, as heretofore 
or hereafter amended, and by other State law, for the investment of assets 
of domestic life insurance companies. 

Sec. 7. Nothing in this Act shall be construed so as to prohibit the 
City from providing or continuing to provide Old Age and Survivors' Insur- 
ance, or Social Security coverage, for its officers and employees as the 
same may be authorized by Federal and State laws, either separately or 
in addition to the Fund authorized herein, or any other retirement or pen- 
sion plan or fund authorized by general law or local act. 

Sec. 8. All laws and clauses of laws in conflict with the provisions of 
this Act are hereby repealed to the extent of such conflict. 

Sec. 9. This Act shall become effective upon its ratification. 

In the General Assembly read three times and ratified, this the 12th 
day of March, 1965. 

S. B. 34 CHAPTER 64 

AN ACT TO PROVIDE FOR THE APPOINTMENT OF THE BOARD 
OF EDUCATION OF DAVIE COUNTY. 

The General Assembly of North Carolina do enact: 

Section 1. The Board of Education of Davie County shall consist of six 
(6) members until the first Monday in April, 1967 at which time the mem- 
bership of the board shall be automatically reduced to five (5). 

Sec. 2. The following named persons are hereby appointed to the Board 
of Education of Davie County, and shall serve for the term indicated and 
until their successors are appointed and qualified: G. H. C. Shutt for a term 
of six (6) years; Mrs. Victor L. Andrews for a term of six (6) years; 
M. H. Hoyle, Jr. for a term of four (4) years; L. W. West for a term of 
four (4) years; W. J. (Jimmy) Wilson for a term of two (2) years; G. R. 
Madison for a term of two (2) years. 

The persons herein appointed shall qualify by taking the oath of office 
on the first Monday in April, 1965 at which time their terms of office shall 
begin. 

The term of office of the present members of the board of education 
shall terminate upon the qualifying of the persons herein appointed. 

Sec. 3. The General Assembly shall appoint members of the board of 
education to take the place of the members whose terms next expire. The 

134 



1965 — SESSION LAWS CH. 64-65-66 

term of office of each member appointed in 1967 and thereafter shall be 
'"lee ^ Chafer 857 of the Session Laws of 1963 and all other laws 

"'"Genera, Assembiy read three times and ratified, this the 12th 
day of March, 1965. 

s B 49 CHAPTER 65 

.'„, »/-r tn TNPRF.ASE THE NUMBER OF MEMBERS OF THE BOARD 
AN A F C LAW EXAM'S FROM SEVEN TO NINE MEMBERS. 

^^^T^t^^^r^^ Vob 20 of the Ge nera. 
States of North Carolina, is he-£y .mended by *£«££££$ 

line of the second paragraph of that Section tne wu .» 

*trt trc : s sr-tittar ja a. ^ «, 

"^Sec 6 ^. This Act shall be in full force and effect upon ite Ration. 
In the General Assembly read three times and rat.fted, th.s the 12th 
day of March, 1965. 

H B 99 CHAPTER 66 

AN ACT TO AMEND CHAPTER 675 OF THE SESSION LAWS OF 
19% ^ RELATING TO THE TOWN OF GIBSONVILLE. 

The General Assembly of North Carolina do enact: 

Section 1. Section 18 of Chapter 675 of the Session Laws of 1957 as 
Webv amended by rewriting the same to read as follows: 

"Sec it Purchase and Contract Procedure. Purchases of apparatu 
supplies material and equipment, and contracts for construct .on or repa r 
work shall be made in accordance with the General Statutes of North 
Carolina relating thereto." . , bv 

Sec. 2. Section 19 of Chapter 675 of the Session Laws of 1957 is hereby 
amended bv rewriting the same to read as follows: 

a 'Sec 19 Y Disposal of Surplus Personal Property. The board of alder- 
men shall have power, in addition to the power gran ted by ^S. 160-59, 
to sell or to direct any of its officers or employees to sel any P«*>™ 
property, which the board has declared to be surplus property, m the fol 

^^a) X bids or advertisement, at private sale, if the property has 
a market value of five hundred dollars ($500.00) or less; or 



135 



Ch. 66-67 1965— Session Laws 

(b) to the highest bidder upon receipt of informal written bids, with 
only such advertisement as the board may direct, if the property has a 
market value of more than five hundred dollars ($500.00) but no more than 
two thousand dollars ($2,000.00); provided, all such bids received shall be 
recorded on the minutes of the board; or 

(c) to the highest bidder upon receipt of sealed bids after one week's 
public notice, if the property has a market value in excess of two thousand 
dollars ($2,000.00); provided, all such sealed bid proposals shall be opened 
in public and recorded on the minutes of the board." 

Sec. 3. All laws and clauses of laws in conflict with this Act are hereby 
repealed. 

Sec. 4. This Act shall become effective upon its ratification. 

In the General Assembly read three times and ratified, this the 12th 
day of March, 1965. 



H. B. 108 CHAPTER 67 

AN ACT RELATING TO THE OFFICES OF COUNTY TREASURER 
AND COUNTY TAX COLLECTOR IN IREDELL COUNTY. 

The General Assembly of North Carolina do enact: 

Section 1. The office of Treasurer-Tax Collector of Iredell County, cre- 
ated by Chapter 494 of the Public-Local Laws of 1937, is hereby abolished. 

Sec. 2. There is hereby created the office of County Treasurer of Ire- 
dell County, and the Board of County Commissioners of Iredell County is 
hereby authorized to appoint a County Treasurer or to abolish such office: 
Provided any resolution adopted to appoint a County Treasurer or to 
abolish the office of County Treasurer must be adopted at least sixty days 
prior to any primary convention. 

Sec. 3. In lieu of appointing a County Treasurer, the Board of County 
Commissioners is authorized to appoint one or more solvent banks or trust 
companies in the county to serve as financial agent for the county. Such 
banks or trust companies so appointed shall perform the duties now per- 
formed by the Treasurer of Iredell County. Such appointment shall be for 
a term of two years. The County Commissioners shall fix such compensation 
therefor as they may deem wise and they shall require good and sufficient 
bond. 

Sec. 4. Effective July 1, 1965, the County Commissioners shall be 
authorized and empowered to appoint a Tax Collector for Iredell County 
who shall give good and sufficient bond for faithful discharge of his duties 
and he shall be assigned the powers and duties assigned Tax Collectors 
under the general laws of the State. 

Sec. 5. All laws and clauses of laws in conflict with this Act are hereby 
repealed. 

Sec. 6. This Act shall become effective July 1, 1965. 

In the General Assembly read three times and ratified, this the 12th 
day of March, 1965. 



136 



1965— Session Laws Ch. 68-69-70 

H B 110 CHAPTER 68 

am APT TO AUTHORIZE THE NASH COUNTY BOARD OF COMMIS- 
SIONERS TO CONVEY CERTAIN PROPERTY, WITHOUT CONSID- 
ERATION TO INCORPORATED COMMUNITIES IN NASH COUNTY. 

The General Assembly of North Carolina do enact: 

Section 1. The Nash County Board of Commissioners is hereby author 
ized TnTts discretion, to convey, without consideration, those several parcel 
of prop rty to which the county holds title and in which the county has 
no funds invested to those communities in which the parcels of property 
are located. Provided, that the said communities are legal entities capable 
of holding l^tle and dauses ^ ^^ ^ conflict with thig Act are hereby 

"^Sec^S. This Act shall be in full force and effect from and after its 

^fnlhr'General Assembly read three times and ratified, this the 12th 
day of March, 1965. 

H. B. Ill CHAPTER 69 

AN ACT RELATING TO LICENSING OF GARBAGE COLLECTORS IN 
CATAWBA COUNTY. 

The General Assembly of North Carolina do enact: 

Section 1. G. S. 153-272 is hereby amended by adding a new paragraph 
at the end thereof to read as follows: . 

"The licenses and exclusive rights which a county is authorized to grant 
pursuant to this Section may be granted for any length of time ^t exceed- 
ing ten years upon such conditions and terms as the Board of County Com- 
missioners may deem advisable." 

Sec 2. This Act shall apply only to Catawba County. 

Sec. 3. All laws and clauses of laws in conflict with this Act are hereby 

repealed. 

Sec 4. This Act shall become effective upon its ratification. 

In the General Assembly read three times and ratified, this the 12th 
day of March, 1965. 

H. B. 133 CHAPTER 70 

AN ACT TO PROVIDE FOR THE APPOINTMENT OF A SPECIAL 
BOARD OF EQUALIZATION AND REVIEW BY THE BOARD OF 
COUNTY COMMISSIONERS OF FORSYTH COUNTY AND TO 
REPEAL CHAPTER 111 OF THE PUBLIC-LOCAL LAWS OF 1937. 

The General Assembly of North Carolina do enact : 

Section 1. That Chapter 111 of the Public-Local Laws of 1937, being an 
Act creating a Central Board of Assessors for Forsyth County, is hereby 
repealed. 

137 



Ch. 70 1965— Session Laws 

Sec. 2. The Board of County Commissioners of Forsyth County shall 
appoint each year a special Board of Equalization and Review to be known 
as the Forsyth County Board of Equalization and Review. The Forsyth 
County Board of Equalization and Review is to be composed of five (5) 
members. To be eligible for appointment to such board a person must have 
resided in Forsyth County for a period of at least one year immediately 
preceding' his appointment, and must have had such experience in the ap- 
praisal and valuation of real and personal property as is satisfactory to 
the Board of County Commissioners. Any vacancy on the Board of Equaliza- 
tion and Review shall be filled by the Board of County Commissioners, and 
all appointments to the Board of Equalization and Review shall terminate 
upon final adjournment of the board for the year for which they are 
appointed. 

Sec. 3. After a special Forsyth County Board of Equalization and Re- 
view is appointed in any calendar year and takes the oath of office, it 
shall carry out all duties granted to the Board of Equalization and Review 
as described in subchapter II of Chapter 105 of the General Statutes of 
North Carolina. Provided, after the special Board of Equalization and 
Review completes its duties and adjourns for the year, the Board of County 
Commissioners shall be vested with all powers and duties granted to it 
under subchapter II of Chapter 105 of the General Statutes of North 
Carolina. 

Sec. 4. All members of the special Board of Equalization and Review 
shall receive for their services such compensation as may be fixed by the 
Board of County Commissioners. The Board of County Commissioners is 
authorized to provide such clerical or other assistants as they may deem 
advisable. 

Sec. 5. The members of the special Board of Equalization and Review 
shall take and subscribe to the same oath as provided for in G. S. 105-327 
before entering upon their duties. 

Sec. 6. The time of meeting, notice of meeting, and powers and duties 
of the special Board of Equalization and Review shall be the same as those 
provided for in G. S. 105-327. 

Sec. 7. This Act shall apply to Forsyth County only. 

Sec. 8. All laws and clauses of laws in conflict with this Act are hereby 
repealed. 

Sec. 9. This Act shall be in full force and effect from and after its 
ratification. 

In the General Assembly read three times and ratified, this the 12th 
day of March, 1965. 



138 



1965— Session Laws Ch. 71-72 

H. B. 158 CHAPTER 71 

AN ACT TO AMEND G. S. 65-13 RELATING TO THE REMOVAL OF 
GRAVES IN THE PERFORMANCE OF GOVERNMENTAL FUNC- 
TIONS BY MAKING THE SECTION APPLICABLE TO THE STATE 
AND ITS AGENCIES. 

The General Assembly of North Carolina do enact: 

Section 1. G. S. 65-13, as the same appears in the 1963 Cumulative 
Supplement to Replacement Volume, is amended by inserting the words "the 
State or any agency thereof or" after the word "if" and before the word 
"any" in line 1 of paragraph 2 thereof; by inserting the words "the State 
or such agency thereof or" after the word "of" in line 5 of paragraph 2 
and before the word "such" in line 5 of paragraph 2 thereof; by inserting 
the words "the State or such agency thereof or" after the word "by" and 
before the word "such" in line 8 of paragraph 2 thereof; by inserting the 
words "the State or the agency thereof or" after the word "by" and before 
the word "the" in line 16 of paragraph 2 thereof. 

Sec. 2. All laws and clauses of laws in conflict with this Act are hereby 

repealed. 

Sec. 3. This Act shall be in full force and effect from and after its 

ratification. 

In the General Assembly read three times and ratified, this the 12th 

day of March, 1965. 

H. B. 193 CHAPTER 72 

AN ACT TO AMEND CHAPTER 922 OF THE 1963 SESSION LAWS OF 
NORTH CAROLINA CHANGING THE DATE FOR FILING FOR 
ELECTIVE OFFICE, AND TO REPEAL THE REQUIREMENT FOR 
FILING OF A STATEMENT OF EXPENSES, IN THE TOWN OF 
CARY, NORTH CAROLINA. 

The General Assembly of North Carolina do enact: 

Section 1. Section 2 of Chapter 922 of the 1963 Session Laws of North 
Carolina is hereby amended as follows: By striking out the word "not later 
than 6:00 o'clock P.M. on the second Saturday" in line 3 thereof and sub- 
stituting therefor the words "not later than 12:00 o'clock Noon on the 
second Tuesday". 

Sec. 2. Section 13 of Chapter 922 of the 1963 Session Laws of North 
Carolina is hereby repealed. 

Sec. 3. All laws and clauses of laws in conflict with this Act are hereby 
repealed. 

Sec. 4. This Act shall be in full force and effect from and after its 
ratification. 

In the General Assembly read three times and ratified, this the 12th 
day of March, 1965. 



139 



Ch. 73-74-75 1965— Session Laws 

S. B. 38 CHAPTER 73 

AN ACT TO AMEND CHAPTER 13 OF THE 1961 SESSION LAWS OF 
NORTH CAROLINA AS IT RELATES TO THE APPOINTMENT, 
COMPENSATION AND DUTIES OF A COURT REPORTER FOR THE 
FOURTH JUDICIAL DISTRICT. 

The General Assembly of North Carolina do enact: 

Section 1. Chapter 13 of the 1961 Session Laws is hereby amended as 
follows : 

(a) in line 6 of the fifth paragraph of Section 1 of said Chapter by de- 
leting the words and figures "nine dollars ($9.00)" and substituting in 
lieu thereof the words and figures "ten dollars ($10.00)"; 

(b) in line 9 of the fifth paragraph of Section 1 of said Chapter by 
deleting the words and figures "seven cents (74) per mile one way" and 
substituting in lieu thereof the words and figures "ten cents (10$) per 
mile to and from". 

Sec. 2. All laws and clauses of laws in conflict with this Act are hereby 
repealed. 

Sec. 3. This Act shall be in full force and effect from and after its 
ratification. 

In the General Assembly read three times and ratified, this the 16th 
day of March, 1965. 

H. B. 101 CHAPTER 74 

AN ACT TO REPEAL CHAPTER 865 OF THE SESSION LAWS OF 
1963 RELATING TO THE QUESTION OF WHETHER THE MEM- 
BERS OF THE BOARD OF EDUCATION OF HOKE COUNTY 
SHALL BE ELECTED. 

The General Assembly of North Carolina do enact: 

Section 1. Chapter 865 of the Session Laws of 1963 is repealed. 

Sec. 2. All laws and clauses of laws in conflict with this Act are hereby 
repealed. 

Sec. 3. This Act shall become effective upon its ratification. 

In the General Assembly read three times and ratified, this the 16th 
day of March, 1965. 

H. B. 102 CHAPTER 75 

AN ACT TO EXTEND THE TERM OF OFFICE OF THE DISTRICT 
SCHOOL COMMITTEEMEN OF HAYWOOD COUNTY UNTIL JULY 
1, 1965. 

The General Assembly of North Carolina do enact: 

Section 1. The terms of office of the present members of the various 
district school committees serving in the County Administrative Unit of 
Haywood County are hereby extended until July 1, 1965. This extension of 
the terms of office of the various district school committees of Haywood 

140 



1965— Session Laws Ch. 75-76-77 

County Administrative Unit is likewise applicable to those members ap- 
pointed to fill vacancies, if any, prior to July 1, 1965, and those members 
appointed to fill vacancies shall likewise hold office until July 1, 1965. 

Sec. 2. On July 1, 1965, the Consolidated School System, as established 
by Chapter 126 of the Session Laws of 1963, shall appoint school com- 
mittees for each of the several districts of the County Administrative Unit 
of Haywood County, and these school committeemen so appointed shall 
hold their offices until the first Monday in April, 1967. Thereafter the Con- 
solidated School System of Haywood County shall appoint school committees 
for the terms of office and according to the provisions of Article 7 of 
Chapter 115 of the General Statutes. 

Sec. 3. All laws and clauses of laws in conflict with the provisions of 
this Act are hereby repealed. 

Sec. 4. This Act shall be in full force and effect from and after its 
ratification. 

In the General Assembly read three times and ratified, this the 16th 
day of March, 1965. 

H. B. 123 CHAPTER 76 

AN ACT TO AMEND G. S. 113-247 RELATIVE TO SUNDAY FISHING 
TO EXEMPT JONES COUNTY. 

The General Assembly of North Carolina do enact: 

Section 1. G. S. 113-247 as the same appears in the 1963 Cumulative 
Supplement of the General Statutes is amended by adding "Jones County" 
to the list of counties exempted from the provisions of the Section by the 
last sentence thereof. 

Sec. 2. All laws and clauses of laws in conflict with this Act are hereby 
repealed. 

Sec. 3. This Act shall become effective upon its ratification. 

In the General Assembly read three times and ratified, this the 16th 
day of March, 1965. 

H. B. 129 CHAPTER 77 

AN ACT TO EXTEND THE CORPORATE LIMITS OF THE TOWN OF 
MT. PLEASANT IN CABARRUS COUNTY. 

The General Assembly of North Carolina do enact: 

Section 1. The corporate limits of the Town of Mt. Pleasant in Cabarrus 
County, as set forth in Chapter 257 of the Session Laws of 1963, are ex- 
tended to include the following additional territory: 

"BEGINNING at a concrete monument, an old corner of town limits 
about 200 feet northeast of Wood Street and runs thence with five old lines 
as follows, 1st, South 38 degrees 36 minutes West (crossing Wood Street) 
643 feet; 2nd, South 16 degrees 28 minutes East 966.3 feet to a point in 
the North edge of Page Drive; 3rd, with North edge of Page Drive South 
38 degrees 55 minutes West 75 feet to a point in the center of N. C. High- 

141 



Ch. 77-78 1965— Session Laws 

way No. 73; 4th, with center of said Highway South 44 degrees East 85.3 
feet; 5th, South 37 degrees 30 minutes West crossing Eagle Street 393.6 
feet to a concrete monument; thence six new lines, 1st, North 44 degrees 
30 minutes West (crossing 3 unnamed streets) 1156.8 feet; 2nd, North 2C 
degrees 47 minutes East (crossing N. C. Highway No. 73 and running with 
the dividing line between lots Nos. 8 and 9, block "C" of Eagle Heights. 
Map Book No. 8 at page 13) 428.1 feet; 3rd, North 37 degrees 16 minutes 
East (running with the back line of lots Nos. 15 thru 62) 1200 feet; 4th. 
South 52 degrees 44 minutes East with the dividing line between lots Nos. 
62 and 63, 220 feet to a point in the center of a street; thence 5th, with 
center of said street South 35 degrees 55 minutes West 77.3 feet; 6th, 
South 52 degrees 31 minutes East 203.3 feet to the BEGINNING." 

Sec. 2. All laws and clauses of laws in conflict with this Act are hereby 
repealed. 

Sec. 3. This Act shall be in full force and effect from and after its 
ratification. 

In the General Assembly read three times and ratified, this the 16th 
day of March, 1965. 

H. B. 141 CHAPTER 78 

AN ACT TO AUTHORIZE THE CURRITUCK COUNTY BOARD OF 
EDUCATION TO TRANSFER TO AND MAKE AVAILABLE TO THE 
POPLAR BRANCH RURITAN CLUB A WOODEN BUILDING NO 
LONGER NEEDED FOR SCHOOL PURPOSES. 

WHEREAS, the High School of the Poplar Branch School in Currituck 
County has been consolidated with a high school in Moyock to establish the 
Joseph P. Knapp High School, and the school at Poplar Branch is now an 
elementary school; and 

WHEREAS, there is now situated on the school property of the Poplar 
Branch Elementary School a one-story, wooden building, formerly used 
for vocational agriculture, consisting of three rooms and which is now 
of no use and is no longer needed by the Currituck County Board of Educa- 
tion; and said building can be useful for community and public purposes 
if given to the Poplar Branch Ruritan Club: Now, therefore, 

The General Assembly of North Carolina do enact: 

Section 1. The Currituck County Board of Education is hereby author- 
ized and empowered to give and convey to the officers of the Poplar Branch 
Ruritan Club of Currituck County, without any consideration, the one-story, 
wooden building or structure now located on the public school property of 
Poplar Branch Elementary School, known as Dr. W. T. Griggs School in 
Poplar Branch Township, to be used for community, public and club 
purposes. 

Sec. 2. The said instrument of conveyance of said building shall re- 
quire that the officers of the Poplar Branch Ruritan Club shall hold said 
building as trustees for the Club and for other community purposes, as 
well as their successors in office. The real property or portion of the school 

142 



1965— Session Laws Ch. 78-79 

site on which said building is situated shall not be conveyed to said Club, 
but only the building, and if the Board of Education of Currituck County 
shall in the future need said real estate for school projects and purposes, 
it shall give said Club and its officers a reasonable notice to move said 
building to other foundations or sites, and if not moved according to notice, 
then the Board of Education of Currituck County may move or tear down 
and demolish such building. 

Sec. 3. All laws and clauses of laws in conflict with this Act are hereby 
repealed. 

Sec. 4. This Act shall be in full force and effect from and after its 
ratification. 

In the General Assembly read three times and ratified, this the 16th 
day of March, 1965. 

S. B. 33 CHAPTER 79 

AN ACT TO REVISE AND CONSOLIDATE THE CHARTER OF THE 
TOWN OF AYDEN, NORTH CAROLINA, SUBJECT TO AN 
ELECTION. 

The General Assembly of North Carolina do enact: 

Section 1. (a) The Board of Commissioners of the Town of Ayden shall 
conduct a special election at the same time as the regular municipal election 
in May, 1965, for the purpose of submitting to the qualified voters of the 
town the question as to whether or not the charter of the town shall be 
revised and consolidated as provided in this Act. 

(b) The special election shall be conducted in accordance with the pro- 
visions of law now applicable to regular municipal elections in the town, 
and no new or special registration of voters shall be necessary. 

(c) In the special election, those voters who favor the revision and 
consolidation of the town charter in accordance with this Act shall vote 
a ballot upon which shall be printed or written the words "FOR Commis- 
sioner-Manager Government," and those voters who are opposed to the 
revision and consolidation of the town charter in accordance with this Act 
shall vote a ballot upon which shall be printed or written the words 
"AGAINST Commissioner-Manager Government." The question shall not be 
submitted on the same ballots as are candidates for any office, but separate 
ballots shall be provided. 

Sec. 2. If a majority of the votes cast in such special election shall be 
"AGAINST Commissioner-Manager Government," then Sections 3 through 
13 of this Act shall have no force and effect, and those acts presently 
constituting the Charter of the Town of Ayden shall continue in effect until 
amended or repealed. 

Sec. 3. If a majority of the votes cast in such special election shall 
be "FOR Commissioner-Manager Government," then Sections 4 through 13 
of this Act shall be effective as of July 1, 1965. 

Sec. 4. The Charter of the Town of Ayden is hereby revised and con- 
solidated to read as follows: 



143 



Ch. 79 1965 — Session Laws 

the charter of the town of ayden 
article i. incorporation and corporate powers 

Sec. 1.1. Incorporation and General Powers. The Town of Ayden shall 
continue to be a body politic and corporate under the name of the Town of 
Ayden, and shall continue to be vested with all property and rights which 
now belong to the town; shall have perpetual succession; may have a 
common seal and alter and renew the same at pleasure; may sue and be sued; 
may contract; may acquire and hold all such property, real and personal, 
as may be devised, bequeathed, sold or in any manner conveyed or dedi- 
cated to it, or otherwise acquired by it, and may from time to time hold 
or invest, sell, or dispose of the same; and shall have and may exercise in 
conformity with this charter all municipal powers, functions, rights, 
privileges, and immunities of every name and nature. 

Sec. 1.2. Exercise of Powers. All powers, functions, rights, privileges, 
and immunities of the town, its officers, agencies, or employees, shall be 
carried into execution as provided by this charter, or, if this charter makes 
no provision, as provided by ordinance or resolution of the board of com- 
missioners and as provided by the general laws of North Carolina pertaining 
to municipal corporations. 

Sec. 1.3. Enumerated Powers Not Exclusive. The enumeration of par- 
ticular powers by this charter shall not be held or deemed to be exclusive 
but, in addition to the powers enumerated herein or implied hereby, or 
those appropriate to the exercise of such powers, the Town of Ayden 
shall have and may exercise all powers which are granted to municipal 
corporations by the general laws of North Carolina and all powers which, 
under the Constitution of North Carolina, it would be competent for this 
charter specifically to enumerate. 

ARTICLE II. CORPORATE BOUNDARIES 

Sec. 2.1. Existing Corporate Boundaries. The corporate boundaries of 
the Town of Ayden shall be as follows until changed in accordance with 
law: 

BEGINNING on the western side of the right of way of North Carolina 
Highway Number 11 (Lee Street) at the northeast corner of W. J. Hart 
property, and running thence in a western direction and with the southern 
property line of a tract of land owned by Mrs. Nannie E. Coward and with 
the northern line of the property line of the W. J. Hart Development as 
shown by that map recorded in Map Book 5 at Page 181, 845 feet, more or 
less, to a corner; thence in a southern direction, on a line which is an exten- 
sion of the western line of Brewster Jenkins property 650 feet, more or 
less, to a point where Brewster Jenkins' western line is intersected by the 
northern property line of Peachtree Street Extended; thence in a western 
direction a straight line across the property of Mrs. Agnes E. Moore and 
E. F. Dennis 1,825 feet, more or less, to a point on the western property 
line of Juanita Street at a corner of W. E. Gibson and E. F. Dennis and 
continuing in a western direction with the northern property line of W. E. 
Gibson and Claude Dennis 500 feet, more or less, to a corner; thence South 

144 



1965— Session Laws Ch. 79 

61 degrees 45 minutes West 275 feet, more or less, to a corner in the prop- 
erty of Larry Odell Dennis; thence in a southern direction with a line 150 
feet from and parallel to the western property line of Laurinburg Street 
550 feet, more or less, to a point which is 150 feet from the northern 
property line of Third Street; thence in a western direction parallel with 
the said northern property line of Third Street and 150 feet therefrom, 
480 feet, more or less, to another corner; thence in a southern direction 
at right angles to Third Street and crossing Third Street 210 feet, more 
or less, to a point on the southern property line of Third Street, said point 
being the northwest property corner of B. F. Stokes Subdivision (Map 
Book 9, Page 87) ; thence in a southwesterly direction along the West line 
of the B. F. Stokes Subdivision 93 feet to a point; thence continuing in 
a southerly direction along the West line of B. F. Stokes property 1,558 
feet to the southwest corner of the B. F. Stokes property; thence in an 
easterly direction along the South line of B. F. Stokes property 800 feet 
to a corner; said corner being the southeast corner of B. F. Stokes property, 
northeast corner of Mrs. Clyde McLawhorn property and the western 
property line of West Haven Terrace Subdivision (Map Book 5, Page 194); 
thence in a southerly direction along the western property line of West 
Haven Terrace 350 feet, more or less, to the southwest corner of said West 
Haven Terrace Subdivision; thence in an eastern direction with the south- 
ern property line of said West Haven Terrace Subdivision to a point which 
is 150 feet measured at right angles from the western property line of 
Juanita Street; thence in a southern direction 150 feet from and parallel 
to the western property line of Juanita Street 1,050 feet, more or less, to 
the southern property line of Snow Hill Street; thence continuing in a 
southern direction and at right angles to the southern property line of said 
Snow Hill Street 150 feet to a corner; thence in an eastern direction fol- 
lowing a line 150 feet from and parallel to the southern property line of 
Snow Hill Street to a point where the said line would intersect the southern 
line of Lot 13 of the Harris property (now owned by R. Stancill Sumrell, 
(Map Book 1, Page 141) and continuing in an eastern direction with the 
southern lines of Lots 13 through 25 of said property to J. W. Jackson 
property (Map Book 3, Page 250); thence in a southern direction with the 
western line of the J. W. Jackson Development 554 feet, more or less, to 
the southwest corner of said development which joins the school property; 
thence in a western direction with the northern line of said school property 
to a corner with the Robert N. Johnson property; thence in a southern 
direction with the western property line of said school property and the 
College View Park property to the southwest corner of Lot 80, Block B 
of the College View Park Subdivision (Map Book 2, Page 213); thence in 
a western direction 44 feet, more or less, to a point which is 150 feet from 
the western property line of College Drive; thence in a southern direction 
following a line which is 150 feet from and parallel with College Drive, 
500 feet, more or less, to a point which is 150 feet South of Park Drive; 
thence in an eastern direction following the line which is 150 feet from and 
parallel to the southern property line of Park Drive crossing Lee Street, to 
a point which is on the southern extension of the center of Queen Street 

145 



Ch. 79 1965— Session Laws 

in the Southdale Development (Map Book 3, Page 298); thence in a 
northern direction with the extension of the center line of Queen Street 
to the southern line of the Southdale Development; thence in an eastern 
direction following the southern line of said development to the southeast 
corner of said development; said corner also being the southwest corner 
of South Gardens Development (Map Book 9, Page 133); thence in an 
eastern direction following the southern line of said development, 260.8 
feet, more or less, to the southeast corner; thence in a northern direction 
along the East line of said development 571 feet, more or less, to a point 
on the southern property line of King Street; thence in an eastern direc- 
tion along the southern property line of King Street 300 feet, more or less, 
to a corner; thence in a northern direction along the East line of said de- 
velopment 132 feet, more or less, to the northeast corner; said corner also 
being the northwest corner of Doris C. Gooding property; thence in an 
eastern direction with the northern property line of Doris C. Gooding in 
a straight line and continuing said straight line across the right of way 
of the Atlantic Coast Line Railroad Company and continuing said straight 
line across the properties owned by Dan Stewart and J. G. Cannon and 
East Railroad Avenue (Gum Swamp Road) to the point the said line 
intersects the eastern property line of said East Railroad Avenue and con- 
tinuing East at right angles to East Railroad Avenue 150 feet to a corner; 
thence in a northern direction following a line which is 150 feet from and 
parallel to the said property line of East Railroad Avenue to the southern 
property line of a lot owned by J. G. Cannon, a corner; thence in a northeast 
direction with the southern property line of J. G. Cannon and 
northern property line of Stella Mae and Genevia Dixon and extensions 
there of 540 feet, more or less, to the southeast corner of Pearlie Ellis' 
lot which faces Turnage Street; thence in a northerly direction with the 
Pearlie Ellis' lot 20 feet, more or less, to the southwest corner of the 
Cannon-Tyson Development (Map Book 1, Page 77); thence in an eastern 
direction with the southern line of said Cannon-Tyson Development 340 
feet, more or less, to the Washington Heights Subdivision (Map Book 3, 
Page 204); thence in a northern direction with the western lines of said 
Washington Heights Subdivision 425 feet, more or less, to the southern 
property line of Turnage Street; thence continuing in a northwest direction 
across Turnage Street to the southwest corner of Lot 8 in Block B of said 
Washington Heights Subdivision; thence continuing North with the western 
lines of Lot 8 through 14 of said Block B and extensions of said lines to 
the northern property line of Roosevelt Street: thence in an eastern direc- 
tion with the northern property line of said Roosevelt Street, 340 feet, more 
or less, to the southwest corner of Bonnie B. Basden property, the southwest 
corner of the Town of Ayden property; thence in a northern direction with 
the eastern line of said town property 345 feet, more or less, to a corner 
in the town of Ayden cemetery and Bertha I. Hardee property; thence in 
an eastern direction with the southern line of the town cemetery property 
200 feet, more or less, to a corner and thence continuing with the division 
line of the town cemetery and Hardee property in a northern direction 300 
feet to another corner; thence in a western direction following the town 

146 



1965— Session Laws Ch. 79 

cemetery property and Hardee property division line to the southeast corner 
of Bonnie B. Basden's property; thence in a northwest direction with the 
eastern property line of the Basden property to a point which is 150 feet 
from the eastern property line of Blount Street measured at right angles 
to Blount Street; thence in a northern direction following a line which is 
150 feet from and parallel to the eastern property line of Blount Street to 
the southern property line of the Sunrise Park Subdivision (Map Book 1, 
Page 109); thence in an eastern direction with the said southern property 
line of said Sunrise Park Subdivision to the canal; said point being the 
northeast corner of Mrs. Bertha I. Hardee property and northwest corner 
of that development of the Sunrise Park as shown on Map of W. B. Duke 
in April 1961; thence in a southeasterly direction along the canal to the 
Bonnie B. Basden North property line; thence in an easterly direction along 
the Bonnie B. Basden North property line 801 feet, more or less, to the East 
side of New Road, thence in a northern direction along the East side of 
New Road 1,210 feet, more or less, to the South side of Third Street; thence 
in a western direction along the South side of Third Street 40 feet to a 
corner; thence North 1 degree 45 minutes East, 600 feet, more or less, 
crossing Third Street and Second Street to a point which is 150 feet from 
the northern property line of Second Street, a corner in the lands of Mrs. 
J. F. Dixon; thence in a western direction following a line which is 150 
feet from and parallel to the northern property line of Second Street, 212 
feet, more or less, to a point which is 150 feet from the eastern property 
line of East College Street; thence in a northern direction following a 
line which is 150 feet from and parallel to the eastern property line of 
East College Street 660 feet, more or less to a corner in the property of 
Mrs. Lucy Worthington, said corner being in an eastern extension of the 
southern property line of J. D. Cannon property; thence in a western 
direction crossing East College Street and continuing with the southern 
property line of J. D. Cannon and the northern property lines of G. M. 
Caton, A. L. Cox, Rex Smith, D. L. and Beulah Smith and extensions thereof 
for a distance of 1,600 feet, more or less, to a point which is 150 feet from 
the eastern property line of Blount Street, a corner in the J. D. Cannon 
property; thence in a northern direction 150 feet from and parallel with 
the eastern property line of Blount Street, and Extensions 980 feet, more 
or less, to the southern property line of the Robert G. Harris property; 
thence in a western direction following the southern property line of the 
Robert G. Harris property 375 feet, more or less, to a point which is 150 
feet East from the eastern property line of East Railroad Avenue in the 
Town of Ayden property; thence in a northern direction following a line 
which is parallel with East Avenue and 150 feet therefrom 200 feet, more 
or less, to a corner in the Robert G. Harris Property; thence in a western 
direction perpendicular to and crossing East Railroad Avenue, the right of 
way of Atlantic Coast Line Railroad property, and West Railroad Avenue 
to the western property line of West Railroad Avenue, a common corner 
with Mrs. Nannie E. Coward property and the W. J. Hart subdivision (Map 
Book 3, Page 293); thence continuing in a western direction with the 



147 



Ch. 79 1965 — Session Laws 

northern line of said subdivision across Lee Street, Highway No. 11, to 
the point of Beginning. 

Sec. 2.2. Extension of Corporate Boundaries. All extensions of the 
corporate boundaries shall be governed by the General Statutes of North 
Carolina. 

ARTICLE III. MAYOR AND BOARD OF COMMISSIONERS 

Sec. 3.1. Composition of Board of Commissioners. The board of com- 
missioners shall consist of a number of members equal to the number of 
wards established by ordinance in accordance with Article IV, but no less 
than five. 

Sec. 3.2. Method of Election of Mayor and Board of Commissioners. 
The mayor and the members of the board of commissioners shall be elected 
by the qualified voters of the town at large in the manner provided by 
Article IV. 

Sec. 3.3. Terms; Qualifications; Vacancies, (a) The mayor and members 
of the board of commissioners shall serve for terms of two years, beginning 
the day and hour of the organizational meeting following their election, 
as established by ordinance in accordance with this charter; provided, they 
shall serve until their successors are elected and qualify. 

(b) No person shall be eligible to be a candidate or be elected as mayor 
or as a member of the board of commissioners, or to serve in either capacity, 
unless he is a resident and a qualified voter of the town. 

(c) If any elected mayor or commissioner shall refuse to qualify, or 
if there shall be any vacancy in the office of mayor or commissioner after 
election and qualification, the remaining members of the board shall by 
majority vote appoint some qualified person to serve until the next election, 
when such office shall be filled by election only for the unexpired term. Any 
mayor or commissioner so appointed shall have the same authority and 
powers as if regularly elected. 

Sec. 3.4. Mayor and Mayor Pro Tempore. The mayor shall be the official 
head of the town government and shall preside at all meetings of the board 
of commissioners. Where there is an equal division upon any question, or 
in the appointment of officers, by the board, he shall determine the matter 
by his vote and he shall vote in no other case. The mayor shall exercise 
such powers and perform such duties as are or may be conferred upon 
him by the general laws of North Carolina, by this charter, and by the 
ordinances of the town. The board of commissioners shall choose one of 
its number to act as mayor pro tempore, and he shall perform the duties 
of the mayor in the mayor's absence or disability. The mayor pro tempore 
as such shall have no fixed term of office, but shall serve in such capacity 
at the pleasure of the remaining members of the board. 

Sec. 3.5. Compensation of Mayor and Commissioners. The mayor shall 
receive for his services such salary as the board of commissioners shall 
determine, not exceeding Eight Hundred Dollars ($800.00) per year, and 
no increase or reduction in his salary shall be made to take effect during 
the term in which it is voted. The board of commissioners may establish 
a salary for its members not exceeding Five Hundred Dollars ($500.00) 

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1965— Session Laws Ch. 79 

per year for each. Such salary may be increased or reduced, but no in- 
crease shall be made to take effect as to any Commissioner during the re- 
spective term of office which he is serving at the time the increase is voted. 

Sec. 3.6. Organization of Board; Oaths of Office. The mayor and board 
of commissioners shall meet and organize for the transaction of business 
at a time established by ordinance, following the annual election and prior 
to July 1 each year. Before entering upon their offices, the mayor and each 
commissioner shall take, subscribe, and have entered upon the minutes of 

the board the following oath of office: "I, » 

do solemnly swear (or affirm) that I will support and defend the Constitu- 
tion of the United States and the Constitution and laws of North Carolina 
not inconsistent therewith, and that I will faithfully perform the duties 

of the office of , on which I am about to enter, 

according to my best skill and ability; so help me, God." 

Sec. 3.7. Meetings of Board, (a) The board of commissioners shall fix 
suitable times for its regular meetings, which shall be as often as once 
monthly. Special meetings may be held on the call of the mayor or a 
majority of the commissioners, and those not joining in the call shall be 
notified in writing. Any business may be transacted at a special meeting 
that might be transacted at a regular meeting. 

(b) All meetings of the board of commissioners shall be open to the 
public. The board shall not be executive session or otherwise formally 
consider or vote upon any question in private session. 

Sec. 3.8. Quorum; Votes, (a) A majority of the members elected to 
the board of commissioners shall constitute a quorum for the conduct of 
business, but a less number may adjourn from time to time and compel 
the attendance of absent members in such manner as may be prescribed 
by ordinance. 

(b) The affirmative vote of a majority of the members of the board of 
commissioners shall be necessary to adopt any ordinance, or any resolution 
or motion having the effect of an ordinance. All other matters to be voted 
upon shall be decided by a majority vote of the members present and voting. 

Sec. 3.9. Ordinances and Resolutions. The adoption, amendment, repeal, 
pleading, or providing of ordinances shall be in accordance with the appli- 
cable provisions of the general laws of North Carolina not inconsistent with 
this charter. The yeas and nays shall be taken upon all ordinances and 
resolutions and entered upon the minutes of the board. The enacting clause 
of all ordinances shall be: "Be it ordained by the Board of Commissioners 
of the Town of Ayden." All ordinances and resolutions shall take effect 
upon adoption unless otherwise provided therein. 

ARTICLE IV. ELECTION PROCEDURE 

Sec. 4.1. Regular Municipal Elections. The regular municipal elections 
shall be held on the first Monday in May of each year. In each even-num- 
bered year, there shall be elected by the qualified voters of the town 
voting at large a mayor and a commissioner from each even-numbered 
ward established in accordance with Section 4.6 of this Article, but in no 
case less than two. In each odd-numbered year, there shall be elected by 

149 



Ch. 79 1965— Session Laws 

the qualified voters of the town voting at large a commissioner from 
each odd-numbered ward established in accordance with Section 4.6 of this 
Article, but in no case less than three. In addition, all offices to which ap- 
pointments have been made due to vacancies shall be filled by election for 
the unexpired terms in the regular municipal elections. All municipal elec- 
tions shall be nonpartisan elections. 

Sec. 4.2. Voting. Each voter shall be entitled to vote for one candidate 
for each office to be filled. The candidate who receives the largest number 
of votes cast for mayor shall be declared elected. The candidate from each 
ward who receives the largest number of votes cast for commissioner from 
his ward shall be declared elected. 

Sec. 4.3. Polling Places. Section 160-31 of the General Statutes, insofar 
as it requires a separate polling place in each ward, shall not apply to 
the Town of Ayden. The board of commissioners may establish one or 
more polling places in its discretion and may alter or abolish polling places 
in its discretion. 

Sec. 4.4. Filing of Candidates. Each qualified person who would offer 
himself as a candidate for the office of mayor or commissioner shall file 
with the town manager a written statement giving notice of his candidacy. 
Such notice shall be filed not earlier than sixty days nor later than ten 
days prior to the election at which he offers his candidacy, shall be accom- 
panied by payment of a filing fee of Five Dollars ($5.00), and shall be 

substantially in the following form: "I, , 

do hereby give notice that I am a candidate for election to the office of 

(Mayor) (Commissioner, Ward ) to be voted on at the election to be 

held on , and I hereby request that my name 

be placed on the official ballot for such office. I also certify that I am a 

resident and qualified voter of the Town of Ayden, Ward , residing 

at 

Signature: 

Date: 

Witness: " 

Sec. 4.5. Regulation of Elections. All municipal elections shall be con- 
ducted in accordance with the general laws of North Carolina relating to 
municipal elections, except as otherwise herein provided. 

Sec. 4.6. Wards; Establishment and Alterations. The board of com- 
missioners shall have authority to subdivide the territory within the cor- 
porate limits into wards, at least five in number, to be known and designated 
by numbers. The board may by ordinance alter ward boundaries or create 
additional wards but no ordinance shall be effective to reduce the number 
of wards to less than five. In the event an ordinance is adopted creating 
one or more additional wards, it shall also provide for the election of com- 
missioners from such wards in accordance with the provisions of this 
Article at the next regular municipal election following the effective date 
of the ordinance. However, no ordinance altering ward boundaries or 
creating new wards shall be adopted until after a public hearing in relation 
thereto, at which interested citizens shall have an opportunity to be heard. 
A notice of such public hearing shall be given once a week for two suc- 

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1965— Session Laws Ch. 79 

cessive calendar weeks in a newspaper published in the town, such notice 
to be published for the first time not less than fifteen days prior to the 
date fixed for said hearing, and to include a statement of the purpose of 
the hearing and sufficient information regarding the proposed changes to 
adequately apprise the public thereof. After such public hearing, the board 
of commissioners may adopt an ordinance incorporating any changes which 
were included in the aforesaid public notice. Such ordinance shall become 
effective thirty days following its adoption unless there is deposited with 
the town manager within said thirty days a written petition actually bear- 
ing the signatures of a number of registered voters equal to twenty-five 
per cent of the number of votes cast for the candidates for mayor in the 
preceding municipal election protesting the changes or any part thereof and 
requesting that an election be held upon the same. In the event such a 
petition is deposited within the prescribed time, then such changes as are 
protested in the petition shall become effective only upon approval of a 
majority of the votes cast upon the same in the next regular municipal 
election on a special ballot provided for such purpose. 

Sec. 4.7. Apportionment of Annexed Territory. The board of commis- 
sioners may by ordinance assign to one, or apportion between or among 
two or more, then existing wards any territory annexed by ordinance or 
by Act of the General Assembly. Such ordinance assigning or apportioning 
annexed territory shall not be subject to the provisions of Section 4.5 
of this Article and shall be effective upon the effective date of annexation 
or the date specified in the ordinance; provided, Section 4.5 of this Article 
shall apply in such instances if the assigning or apportioning ordinance 
has the effect of establishing an additional ward. 

Sec. 4.8. Present Ward Boundaries Continued. The present ward 
boundaries, described as set out below, shall continue until changed in ac- 
cordance with the provisions of this Article: 

No. 1. Bounded on the North by a line between Second and Third 
Streets, on the East by city limits, on the South by city limits, on the 
West by Atlantic Coast Line Railroad. 

No. 2. Bounded on the North by city limits, on the East by city limits, 
on the South by a line between Second and Third Streets, on the West by 
Atlantic Coast Line Railroad. 

No. 3. Bounded on the North by city limits, on the East by Atlantic 
Coast Line Railroad, on the South by a line between Second and Third 
Streets, on the West by city limits. 

No. 4. Bounded on the North by a line between Second and Third 
Streets, on the East by North Carolina Highway No. 11 to Venters Street, 
then Venters Street to its intersection with a line between Second and 
Third Streets, on the South by City Limits, on the West by City Limits. 

No. 5. Bounded on the North by a line between Second and Third 
Streets, on the East by Atlantic Coast Line Railroad, on the South by 
City Limits, on the West by North Carolina Highway No. 11 to Venters 
Street, then Venters Street to its intersection with a line between Second 
and Third Streets. 



151 



Ch. 79 1965 — Session Laws 

ARTICLE V. TOWN MANAGER 

Sec. 5.1. Appointment; Compensation. The board of commissioners shall 
appoint an officer whose title shall be town manager and who shall be the 
chief executive officer of the town and the head of the administrative branch 
of the town government. The town manager shall be chosen by the board 
solely on the basis of his executive and administrative qualifications with 
special reference to his actual experience in, or knowledge of, accepted prac- 
tice in respect to the duties of his office as hereinafter prescribed. At the 
time of his appointment he need not be a resident of the town, but shall 
reside therein during his tenure of office. No person elected mayor or mem- 
ber of the board of commissioners shall be eligible for appointment as town 
manager until one year shall have elapsed following the expiration of the 
term for which he was elected. The town manager shall serve at the pleasure 
of the board of commissioners and shall receive such salary as the board 
shall fix. In case of the absence or disability of the manager, the board 
may designate a qualified administrative officer of the town to perform 
the duties of the manager during such absence or disability. 

Sec. 5.2. Chief Administrator. The town manager shall be responsible 
to the board of commissioners for the proper administration of all the 
affairs of the town. As chief administrator, the town manager shall have 
the power to appoint and remove all officers, department heads, and em- 
ployees in the administrative service of the town except the town attorney 
and the volunteer fire chief, each of whom shall be appointed as provided 
elsewhere in this charter. Neither the mayor nor the board of commissioners 
nor any of its committees or members shall direct or request the appoint- 
ment of any person to, or his removal from, office by the town manager, 
or in any manner take part in the appointment or removal of officers and 
employees in the administrative service of the town. Except for the purpose 
of inquiry, the mayor and the board of commissioners and its members 
shall deal with officers and employees in the administrative service only 
through the town manager, and neither the mayor nor the board of com- 
missioners nor any of its members shall give orders or directions to any 
subordinate of the town manager, either publicly or privately. 

Sec. 5.3. Duties of Town Manager. It shall be the duty of the town 
manager to supervise the administration of the affairs of the town; to 
see that the ordinances, resolutions, and regulations of the board of com- 
missioners and the laws of the State are faithfully executed and enforced; 
to make such recommendations to the board of commissioners concerning 
the affairs of the town as he shall deem expedient; to keep the board of 
commissioners advised of the financial condition and the future financial 
needs of the town; to attend all meetings of the board of commissioners 
and to prepare and submit to the board such reports as he may deem ex- 
pedient or as may be required of him by the board; and to perform all 
other duties as may be required of him by the board of commissioners. 

ARTICLE VI. TOWN ATTORNEY 

Sec. 6.1. Appointment; Qualifications; Terms; Compensation. The 
board of commissioners shall appoint a town attorney who shall be an 

152 



1965— Session Laws Ch. 79 

attorney at law licensed to engage in the practice of law in North Carolina, 
and who need not be a resident of the town during his tenure. The town 
attorney shall serve at the pleasure of the board of commissioners and 
shall receive such compensation as the board shall determine. 

Sec. 6.2. Duties of Town Attorney. It shall be the duty of the town 
attorney to prosecute and defend suits for and against the town; to advise 
the mayor, board of commissioners, town manager, and other town officials 
with respect to the affairs of the town; to draw all legal documents relating 
to the affairs of the town; to draw proposed ordinances when requested to 
do so; to inspect and pass upon all agreements, contracts, franchises and 
other instruments with which the town may be concerned; to attend all 
meetings of the board of commissioners; and to perform such other duties 
as may be required of him by virtue of his position as town attorney. 

ARTICLE VII. ADMINISTRATIVE OFFICERS AND EMPLOYEES 

Sec. 7.1. Town Clerk. The town manager may appoint a town clerk 
to keep a journal of the proceedings of the board of commissioners and 
to maintain in a safe place all records and documents pertaining to the 
affairs of the town, and to perform such other duties as may be required 
by law or as the manager may direct. 

Sec. 7.2. Town Tax Collector. The town manager may appoint a tax 
collector to collect all taxes, licenses, fees and other moneys belonging to 
the town, subject to the provisions of this charter and the ordinances of 
the town, and he shall diligently comply with and enforce all the general 
laws of North Carolina relating to the collection, sale, and foreclosure of 
taxes by municipalities. 

Sec. 7.3. Town Accountant. The town manager may appoint a town 
accountant to perform the duties of the accountant as required by the 
Municipal Fiscal Control Act. 

Sec. 7.4. Consolidation of Functions. The town manager may, in his 
discretion, consolidate any two or more of the offices of town clerk, town 
tax collector, and town accountant, or may assign the functions of any 
one or more of these offices to the holder or holders of any other of these 
offices. The town manager may also, in his discretion, himself perform all 
or any part of the functions of any of the named offices, in lieu of appoint- 
ing other persons to perform the same. 

Sec. 7.5. Volunteer Fire Chief. The board of commissioners shall pro- 
vide by ordinance for the appointment of the Volunteer Chief of the Ayden 
Fire Department. In the event the office of chief of the fire department 
shall be made a salaried office, it shall be filled in the manner herein pre- 
scribed for all other heads of town departments. 

ARTICLE VIII. FINANCE 

Sec. 8.1. Custody of Town Money. All moneys received by the town for 
or in connection with the business of the town government shall be paid 
promptly into the town depository. Such institution shall be designated 
by the board of commissioners in accordance with such regulations and 
subject to such requirements as to security for deposits and interest thereon 

153 



Ch. 79 1965 — Session Laws 

as may be established by the General Statutes of North Carolina. All 
interest on moneys belonging to the town shall accrue to the benefit of the 
town. All moneys belonging to the town shall be disbursed only in ac- 
cordance with the provisions of the Municipal Fiscal Control Act. 

Sec. 8.2. Issuance of Bonds. The town may issue bonds for the purposes 
and in the manner prescribed by the General Statutes of North Carolina 
relating to the issuance of bonds by municipalities. 

Sec. 8.3. Purchases and Contracts. Purchases of apparatus, supplies, 
material and equipment, and contracts for construction or repair work 
shall be made in accordance with the General Statutes of North Carolina 
relating thereto. 

Sec. 8.4. Independent Audit. As soon as practicable after the close of 
each fiscal year, an independent audit shall be made of all books and ac- 
counts of the town government by a certified public accountant or a qualified 
public accountant registered under Chapter 93 of the General Statutes of 
North Carolina, who shall have no personal interest directly or indirectly 
in the affairs of the town or of any of its officers. The board of commission- 
ers shall select the public accountant, and the results of such audit shall 
be made available for inspection by any interested citizen of the town, 
and may be published if so ordered by the board of commissioners. 

ARTICLE IX. CLAIMS AGAINST THE TOWN 

Sec. 9.1. Title to Properties Used for Certain Purposes. In the absence 
of any contracts with the town in relation to the lands used or occupied 
by it for the purposes of streets, sidewalks, alleys, or other public works 
of the town signed by the owner thereof or his agent, it shall be con- 
clusively presumed that said land has been granted to the town by the 
owner or owners, and the town shall have good right and title thereto and 
shall have, hold, and enjoy the same. Unless the owner or owners of said 
land, or those claiming under them, shall make claim or demand in writing 
addressed to the board of commissioners within two years following the 
date when such land was taken, he or they shall be forever barred from 
recovering such land or having any compensation therefor; provided, noth- 
ing herein shall affect the rights of persons under disabilities until two 
years following removal thereof. 

Sec. 9.2. Tort Claims. All claims or demands against the town arising 
in tort shall be presented to the board of commissioners in writing, signed 
by the claimant or his attorney or agent, within ninety days after such 
claim or demand is due or the cause of action accrues. No suit or action 
shall be brought on such a claim or demand within ten days or after 
the expiration of twelve months from the time such claim or demand is 
presented. Unless the said claim or demand is so presented within ninety 
days, and unless suit is brought within twelve months thereafter, any 
action thereon shall be barred. 

ARTICLE X. MISCELLANEOUS 

Sec. 10.1. Traffic Bureau. The board of commissioners may by ordi- 
nance establish a traffic bureau to process and collect civil penalties pro- 

154 



1965— Session Laws Ch. 79 

vided for violations of parking and traffic ordinances of the town. No 
tax shall be paid to the State of North Carolina in cases finally disposed 
of by the traffic bureau. All civil penalties collected by the traffic bureau 
shall be paid into the general fund of the town, unless otherwise provided 
by ordinance. 

Sec. 10.2. Library and Recreation Funds. The board of commissioners 
may, in its discretion, appropriate annually from non-tax revenues an 
amount not exceeding Ten Thousand Dollars ($10,000.00) for recreational 
purposes and an amount not exceeding Five Thousand Dollars ($5,000.00) 
for library purposes. The money so appropriated shall be appropriated, ex- 
pended, disbursed, and accounted for in accordance with the Municipal 
Fiscal Control Act. 

Sec. 10.3. Police Jurisdiction Extended, (a) The jurisdiction of the 
police force of the town is hereby extended to include all territory outside 
and within one mile of the corporate limits, and all town police officers 
shall have within such territory all rights, power, and authority as they 
have within the corporate limits of the town. 

(b) The jurisdiction of the police force of the town is hereby extended 
to include all town-owned properties and facilities, whether located within 
or without the corporate limits, and all town police officers shall have upon 
and within such property and facilities all rights, power, and authority 
as they have within the corporate limits of the town. 

Sec. 5. The purpose of this Act is to revise the Charter of the Town 
of Ayden and to consolidate into it certain Acts concerning the property, 
affairs, and government of the Town of Ayden. It is intended to continue 
in force without interruption those provisions of prior Acts which are 
consolidated into this Act, so that all rights and liabilities that have accrued 
are preserved and may be enforced. 

Sec. 6. This Act shall not be deemed to repeal, modify, nor in any 
manner to affect any of the following Acts, or amendments thereto, even 
though such Acts or amendments are not expressly set forth herein. 

(a) Any Acts concerning the property, affairs, or government of public 
schools in the Town of Ayden; 

(b) Any Acts relating to the Ayden Recorder's Court; 

(c) Any Acts relating to the Pitt County Peace Officers' Relief Fund 
or the Pitt County Peace Officers' Protective Association; 

(d) Any Acts validating, confirming, approving, or legalizing official 
proceedings, actions, contracts, or obligations of any kind; 

(e) Any Acts authorizing conveyance or sale of particular town property 
or interests therein. 

Sec. 7. The following Acts, having served the purposes for which en- 
acted, or having been consolidated into this Act, are hereby repealed: 

(1) N. C. Private Laws, 1891, Chapter 27 (incorporation); 

(2) N. C. Public Laws, 1891, Chapter 581 (sale of liquor); 

(3) N. C. Public Laws, 1893, Chapter 238 (sale of liquor); 

(4) N. C. Private Laws, 1893, Chapter 295 (mayor's powers); 

(5) N. C. Public Laws, 1895, Chapter 452 (name changed); 

(6) N. C. Private Laws, 1899, Chapter 29 (name changed); 

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Ch. 79 1965 — Session Laws 

(7) N. C. Private Laws, 1899, Chapter 356 (corporate limits); 

(8) N. C. Public Laws, 1903, Chapter 466 (sale of liquor); 

(9) N. C. Private Laws, 1905, Chapter 27 (fire district); 

(10) N. C. Public Laws, 1905, Chapter 620 (liquor election); 

(11) N. C. Private Laws, 1905, Chapter 50 (cotton weigher); 

(12) N. C. Public Laws, 1907, Chapter 355 (sale of liquor); 

(13) N. C. Private Laws, 1907, Chapter 437 (revisal of charter); 

(14) N. C. Private Laws, 1913 Regular Session, Chapter 299 (pay- 
ment of school bonds); 

(15) N. C. Private Laws, 1913 Regular Session, Chapter 367 (corporate 
limits) ; 

(16) N. C. Private Laws, 1913 Extra Session, Chapter 85 (tax rates); 

(17) N. C. Private Laws, 1915, Chapter 80 (water, sewer, electric 
bonds; tax levy); 

(18) N. C. Private Laws, 1917, Chapter 189 (corporate limits); 

(19) N. C. Private Laws, 1921, Regular Session, Chapter 226 (street, 
sidewalk improvements); 

(20) N. C. Private Laws, 1921, Regular Session, Chapter 235 (street 
improvements) ; 

(21) N. C. Private Laws, 1921 Extra Session, Chapter 31 (street im- 
provements); 

(22) N. C. Private Laws, 1923, Chapter 152 (street bonds); 

(23) N. C. Private Laws, 1925, Chapter 22 (cotton weigher salary); 

(24) N. C. Private Laws, 1925, Chapter 158 (elections); 

(25) N. C. Private Laws, 1927, Chapter 118 (mayor's fees; police fees); 

(26) N. C. Private Laws, 1931, Chapter 116 (establishment of bank); 

(27) N. C. Private Laws, 1933, Chapter 81 (payment of street assess- 
ments); 

(28) N. C. Private Laws, 1933, Chapter 206 (payment of taxes, street 
assessments); 

(29) N. C. Public-Local Laws, 1937, Chapter 529 (tax sales, fore- 
closures) ; 

(30) N. C. Session Laws, 1947, Chapter 268 (traffic bureau); 

(31) N. C. Session Laws, 1951, Chapter 11 (at large elections); 

(32) N. C. Session Laws, 1953, Chapter 46 (corporate limits); 

(33) N. C. Session Laws, 1953, Chapter 424 (library, recreation funds); 

(34) N. C. Session Laws, 1953, Chapter 505 (salaries of mayor, board); 

(35) N. C. Session Laws, 1955, Chapter 482 (corporate limits); 

(36) N. C. Session Laws, 1955, Chapter 926 (drainage assessments); 

(37) N. C. Session Laws, 1957, Chapter 372 (library, recreation funds); 

(38) N. C. Session Laws, 1961, Chapter 78 (mayor's term, jurisdiction); 

(39) N. C. Session Laws, 1961, Chapter 1029 (corporate limits); 

(40) N. C. Session Laws, 1963, Chapter 174 (library, recreation funds); 

(41) N. C. Session Laws, 1963, Chapter 175 (corporate limits). 

Sec. 8. No provision of this Act is intended, nor shall be construed, to 
affect in any way any rights or interests (whether public or private); 



156 



1965— Session Laws Ch. 79-80 

(a) Now vested or accrued, in whole or in part, the validity of which 
might be sustained or preserved by reference to any provisions of law 
repealed by this Act; 

(b) Derived from, or which might be sustained or preserved in reliance 
upon, any action heretofore taken (including the adoption of ordinances or 
resolutions) pursuant to or within the scope of any provision of law 
repealed by this Act. 

Sec. 9. No provision of law heretofore repealed expressly or by im- 
plication, and no provision of law granting authority which has been 
exhausted, shall be revived by: 

(a) The repeal herein of any Act repealing such provision of law; or 

(b) Any provision of this Act that disclaims an intention to repeal or 
effect enumerated or designated laws. 

Sec. 10. (a) All existing ordinances and resolutions of the Town of 
Ayden, and all existing rules or regulations of departments or agencies 
of the Town of Ayden, not inconsistent with the provisions of this Act, 
shall continue in full force and effect until repealed, modified, or amended. 

(b) No action or proceeding of any nature (whether civil or criminal, 
judicial or administrative, or otherwise) pending at the effective date of 
this Act by or against the Town of Ayden or any of its departments or 
agencies shall be abated or otherwise affected by the adoption of this Act. 

Sec. 11. If any provision of this Act or the application thereof to any 
person or circumstances is held invalid by a court of competent jurisdic- 
tion, such invalidity shall not affect other provisions or applications of 
this Act which can be given effect without the invalid provision or appli- 
cation, and to this end the provisions of this Act are declared to be 
severable. 

Sec. 12. All laws and clauses of laws in conflict with the provisions of 
this Act are hereby repealed to the extent of such conflict. 

Sec. 13. This Act shall be in full force and effect from and after its 
ratification, subject to the provisions of Sections 1 through 3 hereof. 

In the General Assembly read three times and ratified, this the 17th 
day of March, 1965. 

S. B. 54 CHAPTER 80 

AN ACT TO AMEND THE CHARTER OF THE CITY OF THOMAS- 
VILLE TO INCREASE THE PAY OF THE MEMBERS OF THE CITY 
COUNCIL OF SAID CITY OF THOMASVILLE. 

The General Assembly of North Carolina do enact: 

Section 1. Section 12 of Chapter 196 of the Private Laws of North 
Carolina of 1929, this being the Charter of the City of Thomasville, as 
amended by Section 6 of Chapter 248 of the Session Laws of 1949 and 
Section 1 of Chapter 114 of the Session Laws of 1953, is amended by 
striking out the words and figures "four hundred dollars ($400.00)" in 
said Section 1 of Chapter 114 of the Session Laws of 1953 and inserting in 
lieu thereof the words and figures "one thousand two hundred dollars 
($1,200.00)". 

157 



Ch. 80-81 1965— Session Laws 

Sec. 2. All laws and clauses of laws in conflict with this Act are hereby 
repealed. 

Sec. 3. This Act shall be in full force and effect commencing with the 
fiscal year 1965-1966, of the City of Thomasville. 

In the General Assembly read three times and ratified, this the 17th 
day of March, 1965. 

H. B. 260 CHAPTER 81 

AN ACT TO AUTHORIZE AND EMPOWER THE TOWN OF TARBORO 
TO EXECUTE A QUITCLAIM DEED OF THE FORMER EDGE- 
COMBE COUNTY COURTHOUSE PROPERTY TO EDGECOMBE 
COUNTY AND TO RATIFY, CONFIRM AND AUTHORIZE THE 
SALE OF THE SAME BY EDGECOMBE COUNTY. 

WHEREAS, the Board of Commissioners of Edgecombe County, after 
the approval by a vote of the people of a bond issue for that purpose, 
caused a new county courthouse to be constructed on a new site after 
notice of change of site as required by law, declared the old courthouse 
and old courthouse site to be surplus property and no longer needed for 
any public purpose, advertised the same for public sale and conducted said 
sale, at which North Carolina National Bank appeared and became the 
last and highest bidder; and 

WHEREAS, a question was raised as to the legal title to the lands 
which constituted said old courthouse site and the Town Council of the 
Town of Tarboro was requested to execute and deliver a quitclaim deed 
quitclaiming and releasing to Edgecombe County all right, title, and 
interest which said Town has or might have in said property; and 

WHEREAS, the Town Council of the Town of Tarboro determined to 
assert no claim in and to said lands and resolved to execute and deliver 
to Edgecombe County, without valuable consideration, a quitclaim deed as 
requested; and 

WHEREAS, upon receipt of said quitclaim deed the Board of Com- 
missioners of Edgecombe County desires to convey said lands to North 
Carolina National Bank in accordance with the terms of said public sale; 
and 

WHEREAS, the Town Council of the Town of Tarboro and the Board 
of Commissioners of Edgecombe County have requested legislative authority 
for and approval of said proposed Acts as above set forth: Now, therefore, 

The General Assembly of North Carolina do enact: 

Section 1. The Town of Tarboro is authorized and empowered to quit- 
claim and release to Edgecombe County, its successors and assigns, by 
quitclaim deed executed in behalf of said Town by its Mayor and attested 
by its Town Clerk, and its corporate seal affixed, and without valuable 
consideration, any and all right, title and interest which said Town has or 
might have in and to that part of Lot No. 60 of said Town as shown on plat 
recorded in Book D, page 524, Edgecombe Registry, heretofore occupied 
by Edgecombe County as a courthouse site and located on the southern 
side of St. James Street and eastern side of Main Street in said Town. 

158 



1965— Session Laws Ch. 81-82-83 

Sec 2. The sale by Edgecombe County of tfiat part of Lot No 60 as 
shown on plat recorded in Book D, page 524, Edgecombe Registry, hereto- 
fore occupied by Edgecombe County as a courthouse site, and located on 
southern side of St. James Street and eastern side of Main Street m said 
Town of Tarboro, to North Carolina National Bank in accordance with 
the terms of said public sale is hereby in all respects ratified and confirmed 
and the Board of Commissioners of Edgecombe County is authorized and 
empowered to bargain, sell and convey the same by deed with full covenants 
of warranty executed by its Chairman, attested by the Clerk to said Board, 
and with its County Seal affixed, upon receipt of the purchase money. 

Sec. 3. All laws and clauses of laws in conflict with this Act are hereby 

r6P6£ll6(l. 

Sec. 4. This Act shall be in full force and effect upon its ratification. 
In the General Assembly read three times and ratified, this the 17th 
day of March, 1965. 

S. B. 36 CHAPTER 82 

AN ACT TO AMEND CHAPTER 1058, SESSION LAWS OF 1963, SO AS 

TO MAKE G. S. 160-173, AS AMENDED, APPLICABLE TO GASTON 

COUNTY. 

The General Assembly of North Carolina do enact: 

Section 1. Section 4 of Chapter 1058 of the Session Laws of 1963, is 
amended by deleting "Gaston", so as to make G. S. 160-173, as amended 
by Section 1, Chapter 1058, Session Laws of 1963, as the same now appears 
in the 1964 Replacement Volume 3D of the General Statutes, applicable to 
Gaston County. 

Sec. 2. All laws and clauses of laws in conflict with this Act are hereby 

repealed. 

Sec. 3. This Act shall become effective upon its ratification. 

In the General Assembly read three times and ratified, this the 18th 
day of March, 1965. 

H. B. 95 CHAPTER 83 

AN ACT TO AMEND G. S. 20-38(q)(2) TO EXCLUDE FROM THE 
DEFINITION OF FOR HIRE PASSENGER VEHICLES, MOTOR VE- 
HICLES LEASED TO THE UNITED STATES OF AMERICA OR 
ANY OF ITS AGENCIES UNDER A NON-PROFIT BASIS. 

The General Assembly of North Carolina do enact: 

Section 1. G. S. 20-38, subsection (q) paragraph (2), as the same ap- 
pears in the 1963 Cumulative Supplement to Recompiled Volume 1C of the 
General Statutes of North Carolina, is hereby amended by striking the 
period at the end of paragraph (2) thereof and inserting in lieu thereof a 
comma and adding a new sentence to read as follows: 

"nor shall this classification include motor vehicles leased to the United 
States of America or any of its agencies when such lease agreement is 
on a nonprofit basis." 

159 



CH. 83-84-85-86 1965— SESSION LAWS 

Sec. 2. All laws and clauses of laws in conflict with this Act are hereby 
repealed. 

Sec. 3. This Act shall be in full force and effect from and after 
ratification. 

In the General Assembly read three times and ratified, this the 18th 
day of March, 1965. 

H. B. 139 CHAPTER 84 

AN ACT RELATING TO THE FILING OF PAWN TICKETS WITH 
THE SHERIFF AND CHIEF OF POLICE OF THE COUNTY AND 
TOWN. 

The General Assembly of North Carolina do enact: 

Section 1. Amend G. S. 91-5 on line 7 thereof after the word "the" 
and before the word "chief" by inserting "Sheriff of the County and". 

Sec. 2. All laws and clauses of laws in conflict with this Act are hereby 
repealed. 

Sec. 3. This Act shall become effective July 1, 1965. 

In the General Assembly read three times and ratified, this the 18th 
day of March, 1965. 

H. B. 194 CHAPTER 85 

AN ACT TO AMEND G. S. 9-4 RELATING TO DRAWING JURORS IN 
BLADEN COUNTY. 

The General Assembly of North Carolina do enact: 

Section 1. G. S. 9-4 is hereby amended by inserting a new paragraph 
at the beginning of said Section to read as follows: 

"In Bladen County the Board of County Commissioners shall draw not 
exceeding sixty jurors for each criminal or mixed term of Superior Court 
and not exceeding forty-eight jurors for each civil term of court." 

Sec. 2. All laws and clauses of laws in conflict with this Act are hereby 
repealed. 

Sec. 3. This Act shall become effective upon its ratification. 

In the General Assembly read three times and ratified, this the 18th 
day of March, 1965. 

H. B. 150 CHAPTER 86 

AN ACT TO ESTABLISH THE SUBSISTENCE ALLOWANCE FOR 
EXPENSES OF MEMBERS OF THE GENERAL ASSEMBLY. 

WHEREAS, Members of the General Assembly necessarily incur many 
expenses in serving as Members of the General Assembly which expenses 
they must bear as well as meeting existing obligations at home; and 

WHEREAS, living away from home necessarily involves the expenditure 
of a considerable sum of money for room, board, laundry, dry cleaning, tips, 
local transportation, parking charges and other expenses; and 

160 



1965— Session Laws Ch. 86-87 

WHEREAS, the performance of one's duties as a legislator requires 
the expenditure of a considerable sum for postage, telephone calls and tele- 
grams; and 

WHEREAS, as is well known, the cost of living has steadily risen; and 
WHEREAS, the present twelve dollars ($12.00) per day expense al- 
lowance is unrealistic and completely fails to reimburse a legislator for 
his out-of-pocket expenses incurred in the performance of his duties: Now 
therefore, 

The General Assembly of North Carolina do enact: 

Section 1. Subsection (c) of G. S. 120-31, as the same appears in the 
1964 Replacement Volume of the General Statutes, is hereby amended by 
striking out the words and figures "twelve dollars ($12.00)" in the next 
to the last line and inserting in lieu thereof the words "the maximum 
amount authorized as subsistence for members of State boards and com- 
missions generally, as provided in G. S. 138-5 (b) (3)". 

Sec. 2. All laws and clauses of laws in conflict with this Act are hereby 
repealed. 

Sec. 3. This Act shall be in full force and effect upon its ratification 
and shall be effective retroactively to the first day of the General Assembly 
Session in which any change in the subsistence allowance as provided in 
G. S. 138-5 (b) (3) is made. 

In the General Assembly read three times and ratified, this the 19th 
day of March, 1965. 



H. B. 157 CHAPTER 87 

AN ACT AUTHORIZING THE BOARD OF COUNTY COMMISSIONERS 
OF GRAHAM COUNTY TO TRANSFER THE SUM OF FIFTEEN 
THOUSAND DOLLARS FROM THE DEBT SERVICE FUND TO THE 
GENERAL FUND OF THE COUNTY. 

The General Assembly of North Carolina do enact: 

Section 1. The Board of County Commissioners of Graham County is 
hereby authorized to transfer up to fifteen thousand dollars $(15,000.00) 
of the surplus monies in the Debt Service Fund to the General Fund of 
Graham County. 

Sec. 2. Chapter 447 of the Session Laws of 1959 and all other laws 
and clauses of laws in conflict with this Act are hereby repealed. 

Sec. 3. This Act shall be in full force and effect from and after its 
ratification. 

In the General Assembly read three times and ratified, this the 19th 
day of March, 1965. 



161 



Ch. 88-89 1965— Session Laws 

S. B. 55 CHAPTER 88 

AN ACT TO AMEND CHAPTER 255 OF THE PRIVATE LAWS OF 
NORTH CAROLINA FOR 1911, RELATING TO THE TERMS OF 
MEMBERS OF THE THOMASVILLE SCHOOL BOARD. 

The General Assembly of North Carolina do enact: 

Section 1. All of Sections 1, 2 and 3 of Chapter 255 of the Private 
Laws of North Carolina for 1911 is repealed and the following is substituted 
in lieu thereof: 

"Section 1. The members of the present Thomasville School Board of 
the City of Thomasville shall serve for the terms for which they have been 
appointed. 

"Sec. 2. The City Council of the said City shall appoint the successors 
to the present members of said School Board as follows: 

"Three members shall be appointed on the first Monday in July, 1965, 
for a term of two years. Two members shall be appointed on the first 
Monday in July, 1966, for a term of two years. The successors of the 
members of said committee shall be appointed by the City Council of the 
said City for terms of two years as their respective terms expire. When 
a vacancy occurs during a term, it shall be filled for the unexpired term 
only." 

Sec. 2. All laws and clauses of laws in conflict with this Act are hereby 
repealed. 

Sec. 3. This Act shall be in full force and effect from and after its 
ratification. 

In the General Assembly read three times and ratified, this the 23rd 
day of March, 1965. 

S. B. 113 CHAPTER 89 

AN ACT TO AMEND G. S. 115-19 SO AS TO INCREASE THE MEM- 
BERSHIP OF THE PITT COUNTY BOARD OF EDUCATION FROM 
FIVE TO NINE, AND TO PROVIDE FOR THE ELECTION OF ITS 
MEMBERS. 

The General Assembly of North Carolina do enact: 

Section 1. G. S. 115-19 is hereby amended by adding at the end thereof 
the following: 

"The Pitt County Board of Education shall consist of nine (9) members. 
The persons named herein are hereby appointed to the Pitt County Board 
of Education and shall represent the areas designated, and their respective 
term of office shall expire as follows: 

(1) Joseph S. Moye shall represent the Greenville area and his term 
of office shall expire on the first Monday in April, 1966. 

(2) Rowland Brinson shall represent the Chicod, Grimesland, Swift 
Creek areas, and his term of office shall expire on the first Monday in 
April, 1966. 

(3) Dr. W. A. Moody shall represent the Bethel-Belvoir areas, and 
his term of office shall expire on the first Monday in April, 1966. 

162 



1965— Session Laws Ch. 89-90 

(4) E. W. Fleming shall represent the Grifton area and his term of 
office shall expire on the first Monday in April, 1968. 

(5) W. F. Stokes shall represent the Pactolus, Caroline areas and 
his term of office shall expire on the first Monday in April, 1968. 

(6) A. D. McLawhorn shall represent the Winterville area, and his 
term of office shall expire on the first Monday in April, 1968. 

(7) T. G. Worthington shall represent the Ayden area and his term of 
office shall expire on the first Monday in April, 1970. 

(8) Robert Pierce shall represent the Farmville area and his term of 
office shall expire on the first Monday in April, 1970. 

(9) G. E. Trevathan shall represent the Fountain, Falkland, Bell- Arthur 
areas and his term of office shall expire on the first Monday in April, 1970. 

"The persons herein appointed, who are not presently members of the 
Pitt County Board of Education, shall qualify on or before the first Monday 
in April, 1965, as provided by law." 

Sec. 2. Beginning with the county primary election in 1966, and 
biennially thereafter, nominations for membership on the Pitt County 
Board of Education shall be made to take the place of, and from the area 
represented by, the member of said Board whose term next expires. The 
persons appointed by the General Assembly from those nominated, shall 
serve for a term of six years. 

Sec. 3. Any member of the Pitt County Board of Education who is 
absent from three consecutive meetings of said Board, unless due to illness, 
shall be deemed to have vacated his office and such vacancy shall be filled 
by the County Executive Committee as provided in G. S. 115-24. 

Sec. 4. Article 5, Chapter 115 of the General Statutes, relating to 
County Boards of Education, shall be applicable to Pitt County except as 
modified, or when in conflict with the provisions of this Act. 

Sec. 5. All laws and clauses of laws in conflict with this Act are hereby 
repealed. 

Sec. 6. This Act shall become effective upon its ratification. 

In the General Assembly read three times and ratified, this the 23rd 
day of March, 1965. 

H. B. 41 CHAPTER 90 

AN ACT TO AMEND CHAPTER 206, 1937 PUBLIC-LOCAL LAWS, AS 
AMENDED BY CHAPTER 264 OF 1947 SESSION LAWS, SO AS TO 
AUTHORIZE MORE JURORS TO BE DRAWN FOR TERMS OF THE 
SUPERIOR COURT OF FORSYTH COUNTY. 

The General Assembly of North Carolina do enact: 

Section 1. Chapter 206, 1937 Public-Local Laws, as amended by Chapter 
264 of the 1947 Session Laws is hereby amended by adding at the end of 
Section 1 of Chapter 264 of the 1947 Session Laws a proviso to read as 
follows: "Provided, however, that the Board of County Commissioners of 
Forsyth County may increase by as many as twelve (12) the number of 
jurors to be drawn for the regular and special criminal terms and /or the 
regular and special civil terms, said increase to take place upon the 

163 



Ch. 90-91-92 1965— Session Laws 

adoption of an appropriate resolution by the Board of County Commis- 
sioners after having received a request therefor from the Resident Superior 
Court Judge of the Twenty-first Judicial District or the Solicitor of the 
Eleventh Solicitorial District. 

Sec. 2. This Act shall apply to Forsyth County only. 

Sec. 3. All laws and clauses of laws in conflict herewith are hereby 
repealed. 

Sec. 4. This Act shall be in full force and effect from and after 
ratification. 

In the General Assembly read three times and ratified, this the 23rd 
day of March, 1965. 

H. B. 53 CHAPTER 91 

AN ACT AMENDING CHAPTER 364 OF THE 1963 SESSION LAWS 
PROVIDING FOR THE DIVISION OF PROFITS FROM OPERATION 
OF ALCOHOLIC CONTROL STORES IN GRANVILLE COUNTY. 

The General Assembly of North Carolina do enact: 

Section 1. Section 1 of Chapter 364 of the 1963 Session Laws of North 
Carolina is hereby amended by rewriting the same to read as follows: 

"Section 1. Granville County is hereby authorized to divide Alcoholic 
Beverage Control profits paid into its general fund under Section 18-57 
of the General Statutes of North Carolina with certain municipalities in 
said county in the following proportions: Granville County, fifty-eight per 
cent (58%), City of Oxford, twenty-eight per cent (28%), Town of Creed- 
moor, ten per cent (10%), Town of Stem, two per cent (2%), and the Town 
of Stovall, two per cent (2%)." 

Sec. 2. All laws and clauses of laws in conflict with this Act are hereby 
repealed to the extent of such conflict. 

Sec. 3. This Act shall be in full force and effect from and after its 
ratification. 

In the General Assembly read three times and ratified, this the 23rd 
day of March, 1965. 

H. B. 121 CHAPTER 92 

AN ACT RELATING TO THE JURISDICTION OF POLICE OFFICERS 
IN THE TOWN OF DOBSON IN SURRY COUNTY. 

The General Assembly of North Carolina do enact: 

Section 1. The members of the Police Department of the Town of Dob- 
son in Surry County are hereby authorized and empowered to pursue and 
make arrests without warrants anywhere within two miles of the cor- 
porate limits of the Town of Dobson for violations of any of the motor 
vehicle laws of the State occurring in their presence within the corporate 
limits. 

Sec. 2. Chapter 1201 of the Session Laws of 1963 and all other laws 
and clauses of laws in conflict with this Act are hereby repealed. 

164 



1965— Session Laws Ch. 92-93-94 

Sec. 3. This Act shall become effective upon its ratification. 
In the General Assembly read three times and ratified, this the 23rd 
day of March, 1965. 

H. B. 142 CHAPTER 93 

AN ACT TO PROVIDE FOR THE DISTRIBUTION OF PROFITS FROM 
ALCOHOLIC BEVERAGE CONTROL STORES IN WASHINGTON 
COUNTY, AND TO EXTEND JURISDICTION OF THE TOWN 
POLICE OUTSIDE THE CORPORATE LIMITS OF THE TOWN OF 
PLYMOUTH. 
The General Assembly of North Carolina do enact: 

Section 1. Ten per cent (10%) of all the net profits derived from the 
operation of the Alcoholic Beverage Control Store No. 3, located on U. S. 
Highway 64 East of the Town of Plymouth, shall be paid, quarterly, to 
the Town of Plymouth by the Washington County Alcoholic Beverage Con- 
trol Board. 

Sec. 2. All policemen in the Town of Plymouth, in Washington County, 
North Carolina, are hereby authorized and empowered to exercise all the 
powers and authority which they now have within the corporate limits in 
all that territory embraced in the area described as follows: Beginning at 
the eastern corporate limit lines, where the same crosses U. S. Highway No. 
64, and extending in an easterly direction along U. S. Highway No. 64 to 
its intersection with Creekside Road, and in that area lying North of U. S. 
Highway No. 64 between said highway and the present city limits, and on 
the South side of U. S. Highway No. 64 an area three hundred feet wide 
extending from the eastern city limits to a point opposite the intersection 
of Creekside Road. 

Sec. 3. All laws and clauses of laws in conflict with this Act are hereby 
repealed. 

Sec. 4. This Act shall be in full force and effect from and after its 
ratification. 

In the General Assembly read three times and ratified, this the 23rd 
day of March, 1965. 

H. B. 146 CHAPTER 94 

AN ACT TO AUTHORIZE ONE DOLLAR COURT COST IN CRIMINAL 
CASES IN KINSTON-LENOIR MUNICIPAL-COUNTY COURT. 

The General Assembly of North Carolina do enact: 

Section 1. The sum of one dollar ($1.00) is hereby levied, in addition 
to costs presently authorized, on each criminal case docketed in the Munici- 
pal-County Court of the County of Lenoir and the City of Kinston to be 
taxed as part of the costs of court in those cases in which costs are taxed. 

Sec. 2. All laws and clauses of laws in conflict with this Act are hereby 
repealed. 

Sec. 3. This Act shall be in full force and effect upon its ratification. 

In the General Assembly read three times and ratified, this the 23rd 
day of March, 1965. 

165 



Ch. 95-96-97 1965— Session Laws 

H. B. 160 CHAPTER 95 

AN ACT TO AUTHORIZE THE BOARD OF COUNTY COMMISSIONERS 
OF GATES COUNTY TO ADJUST GENERAL AND SPECIAL 
FUNDS LEDGER BALANCES AS OF JULY 1, 1964. 

The General Assembly of North Carolina do enact: 

Section 1. The Board of County Commissioners of Gates County is 

hereby authorized and empowered to adjust general and special funds 

ledger balances to the extent of twenty thousand dollars ($20,000.00), so 

that said funds may be placed upon a current basis as of July 1, 1964, 

the beginning of the current fiscal year. 

Sec. 2. All laws and clauses of laws in conflict with this Act are hereby 

repealed. 

Sec. 3. This Act shall become effective upon its ratification. 

In the General Assembly read three times and ratified, this the 23rd 

day of March, 1965. 

H. B. 168 CHAPTER 96 

AN ACT TO AMEND ARTICLE 17, CHAPTER 66 OF THE GENERAL 
STATUTES, RELATING TO CLOSING-OUT SALES, SO AS TO 
MAKE IT APPLICABLE TO HENDERSON COUNTY. 

The General Assembly of North Carolina do enact: 

Section 1. G. S. 66-84, as the same appears in the 1965 Replacement 
Volume 2C of the General Statutes, is hereby amended by adding, imme- 
diately after the word "Haywood," in line 4 thereof, the word "Henderson,". 

Sec. 2. All laws and clauses of laws in conflict with this Act are hereby 
repealed. 

Sec. 3. This Act shall be in full force and effect upon its ratification. 

In the General Assembly read three times and ratified, this the 23rd 
day of March, 1965. 

H. B. 181 CHAPTER 97 

AN ACT TO AUTHORIZE THE ISSUANCE OF WARRANTS BY THE 
CHIEF OF POLICE OF THE TOWN OF LOUISBURG, FRANKLIN 
COUNTY, NORTH CAROLINA. 

The General Assembly of North Carolina do enact: 

Section 1. On Sundays, official holidays, and between the hours of 5:00 
o'clock P.M. and 9:00 o'clock A.M. on all other days, the Chief of the Police 
Department of the Town of Louisburg, Franklin County, North Carolina, 
is hereby authorized to issue warrants in criminal matters in the same 
manner, to the same extent, and under the same rules of law as are now 
or hereafter applicable to the issuance of such warrants by justices of the 
peace; provided, that no warrant so issued may be served by the issuing 
officer; and provided further, that he shall receive for such issuance the 
same fee now in effect or which may hereafter be provided for such issuance 
by justices of the peace. 

166 



1965— Session Laws Ch. 97-98 

Sec. 2. All laws and clauses of laws in conflict with this Act are hereby 

"^^S. This Act shall be in full force and effect from and after its 

rati I fi n a the n G e neral Assembly read three times and ratified, this the 23rd 
day of March, 1965. 

H. B. 186 CHAPTER 98 

AN ACT TO AMEND G. S. 18-45 AND G. S. 153-9 WITH RESPECT TO 
THE POWERS AND DUTIES OF THE ONSLOW COUNTY BOARD 
™ ALCOHOL! f CONTROL AND BOARD OF COUNTY COMMIS- 
SIONERS OVER REAL PROPERTY AND ™™™™™"™l 
FOR ALCOHOLIC BEVERAGE CONTROL PURPOSES, AS THE 
SAME APPLIES TO ONSLOW COUNTY. 

The General Assembly of North Carolina do enact: 

Section 1. G. S. 18-45, as the same appears in the 1963 Cumulative 
Supplement of the General Statutes, is amended by adding immediately 
after subparagraph "(8)" a new subparagraph, to be designated subpara- 
graph "(8.1)" which shall read as follows: 

"(8 1) To convey, lease, or otherwise transfer to the county board of 
commissioners, any property, real, personal or mixed, including the fur- 
nishings and equipment of buildings, rooms, apartments and accommoda- 
tions, rights, privileges and powers appurtenant thereto, which maybe 
required for the storage, sale and distribution of alcoholic beverages, within 
said county; and further, to acquire by lease, lease back, conveyance or 
other transfer from the board of county commissioners any and all such 
property, furnishings, equipment, rooms, apartments, accommodations, or 
appurtenances; on such terms and for such consideration as may be 
mutually agreed by and between the county board of commissioners and 
the county board of alcoholic control." 

Sec 2 G S 153-9, as the same appears in the 1964 Replacement 
Volume 3C of the General Statutes, is amended by inserting immediately 
after subparagraph "(14)" a new subparagraph numbered "(14.5)" which 
shall reads as follows: 

"(14.5) To convey, lease, or otherwise transfer to the county board 01 
alcoholic control, any property, real, personal or mixed, including the fur- 
nishings and equipment of buildings, rooms, apartments and accommoda- 
tions rights, privileges and powers appurtenant thereto, which may be 
required for the storage, sale and distribution of alcoholic beverages, within 
said county; and further, to acquire by lease, lease back, conveyance or 
other transfer from the county board of alcoholic control any and all such 
property, furnishings, equipment, rooms, apartments, accommodations, or 
appurtenances; on such terms and for such consideration as may be 
mutually agreed by and between the county board of commissioners and 
the county board of alcoholic control." 

Sec. 3. The provisions of this Act shall be construed to confer upon and 
enable the county boards of commissioners and alcoholic control, respec- 

167 



Ch. 98-99-100 1965— Session Laws 

tively, additional powers and duties which may be exercised by said boards, 
and shall not have the force and effect of limiting any other and general 
powers and duties which said boards may otherwise have according to law. 

Sec. 4. The provisions of this Act shall be applicable only to the county 
of Onslow. 

Sec. 5. All laws and clauses of laws in conflict with this Act are hereby 
repealed. 

Sec. 6. This Act shall become effective upon its ratification. 

In the General Assembly read three times and ratified, this the 23rd 
day of March, 1965. 

H. B. 187 CHAPTER 99 

AN ACT TO RATIFY THE CONVEYANCE OF CERTAIN REALTY BY 
THE BOARD OF ALCOHOLIC CONTROL OF ONSLOW COUNTY 
TO THE COUNTY OF ONSLOW. 

The General Assembly of North Carolina do enact: 

Section 1. By deed dated November 1, 1964 and recorded January 19, 
1965 in Deed Book 336 at Page 538 in the office of the Register of Deeds of 
Onslow County, the Board of Alcoholic Control of Onslow County con- 
veyed certain realty therein more particularly described, lying and being 
in the Towns of Holly Ridge and Richlands, and used for stores for the 
sale of alcoholic beverages under the control of the Onslow County Board 
of Alcoholic Control as provided by law, to Onslow County. The foregoing 
action of the Board of Alcoholic Control of Onslow County in executing 
and delivering the deed to the property and conveying the property to 
Onslow County is hereby in all respects ratified and confirmed and the" 
said transaction, including acceptance of the delivery of the deed and of 
the conveyance, by the governing board of Onslow County, is hereby fully 
authorized to all intents and purposes as if made pursuant to and author- 
ized by law at the time of the transaction. 

Sec. 2. All laws and clauses of laws in conflict with this Act are hereby 
repealed. 

Sec. 3. This Act shall become effective upon its ratification. 

In the General Assembly read three times and ratified, this the 23rd 
day of March, 1965. 

H. B. 198 CHAPTER 100 

AN ACT TO AMEND THE CHARTER OF THE TOWN OF DALLAS IN 
GASTON COUNTY TO AUTHORIZE A LOOSE LEAF VISIBLE REG- 
ISTRATION SYSTEM AND TO REGULATE ELECTIONS IN SAID 
TOWN. 

The General Assembly of North Carolina do enact: 

Section 1. The Charter of the Town of Dallas, as the same appears in 
Chapter 504 of the 1961 Session Laws of North Carolina and in Chapter 
161 of the 1963 Session Laws of North Carolina is hereby amended so as 

168 



1965— Session Laws Ch. 100-101 

to add the following Sections, which Sections shall appear following Section 
13.21 as the same appears in Chapter 161 of the 1963 Session Laws of 
North Carolina: 

"Sec. 13.22. The registrar is hereby authorized to use a modern loose 
leaf visible registration system for the registration of voters. 

"Sec. 13.23. The action of the board of aldermen in calling for a new 
registration for the May 3, 1965, municipal election is hereby ratified and 
confirmed in all respects. Voters may register for said election, or for any 
subsequent municipal election until another new registration is ordered, 
by applying for registration with the registrar or assistant registrar at 
the Town Hall in Dallas between the hours of 9:00 A.M. and 6:00 P.M. 
beginning on April 3, 1965, and ending on April 17, 1965. Any registered 
voter of said municipality shall have the right to challenge any person 
registered as a voter on the second Saturday preceding the election. Said 
challenge shall be heard on the first Saturday preceding the election. 

"Sec. 13.24. The Board of Aldermen of the Town of Dallas shall have 
authority to set the pay of the registrar or assistant registrar. 

"Sec. 13.25. The new registration herein approved and authorized shall 
be valid in all respects for the May 3, 1965, municipal election and for all 
subsequent elections, including bond elections, if, prior to the first day 
of the new registration there shall have been an advertisement of said 
new registration once a week for four successive weeks in a newspaper 
having general circulation in the Town of Dallas. 

"Sec. 13.26. At any municipal election after the May 3, 1965, election, 
including any bond election, the board of aldermen shall have power and 
authority to prescribe by ordinance, after publication once a week for four 
successive weeks, any day or days for registration of voters, and to estab- 
lish the times and places for challenging registered voters and for hearing 
said challenges. 

"Sec. 13.27. In all matters and things relating to elections which are 
not specifically provided for in the Charter of the Town of Dallas, the 
statutory laws of the State of North Carolina shall be followed." 

Sec. 2. All laws and clauses of laws in conflict with this Act are hereby 
repealed. 

Sec. 3. This Act shall be in full force and effect from and after its 
ratification. 

In the General Assembly read three times and ratified, this the 23rd 
day of March, 1965. 

H. B. 199 CHAPTER 101 

AN ACT RELATING TO MARTIN COUNTY FIRE DISTRICT NO. 1. 

The General Assembly of North Carolina do enact : 

Section 1. Martin County Fire District No. 1, located in Martin County, 
is hereby divided into two fire districts as follows: One to consist of all 
of the territory presently comprising said district except the territory 
which lies within Bear Grass Township, which fire district shall continue 
to be known and designated as Martin County Fire District No. 1; and 

169 



Ch. 101-102-103 1965— Session Laws 

another district to consist of all of the territory in Bear Grass Township 
which is now situated in Martin County Fire District No. 1, and which 
district shall henceforth be known and designated as Bear Grass Township 
Fire District. 

The Board of County Commissioners of Martin County shall continue 
to collect throughout the entire territory of both districts the special fire 
protection tax heretofore authorized by a vote of the people, and the pro- 
ceeds of such levy shall be expended with respect to each district herein 
provided for, subject to the same conditions, terms and provisions of law 
as if each had been independently organized under Article 3A of Chapter 
69 of the General Statutes, and as if each district had independently ap- 
proved a ten cents (10(f) per one hundred dollars ($100.00) property valua- 
tion ad valorem tax for fire protection. 

Sec. 2. All laws and clauses of laws in conflict with this Act are hereby 
repealed. 

Sec. 3. This Act shall become effective July 1, 1965. 

In the General Assembly read three times and ratified, this the 23rd 
day of March, 1965. 

H. B. 206 CHAPTER 102 

AN ACT TO AUTHORIZE THE COUNTY FIRE MARSHAL OF GUIL- 
FORD COUNTY TO INVESTIGATE FIRES. 

The General Assembly of North Carolina do enact: 

Section 1. Section 69-1 of the General Statutes is hereby amended by 
inserting after the word "and" and before the word "the" in line three 
thereof the words "the county fire marshal and". 

Sec. 2. Section 69-1 of the General Statutes is further amended by in- 
serting after the word "by" and before the word "the" in line ten thereof 
the words "the county fire marshal and". 

Sec. 3. This Act shall apply only to Guilford County. 

Sec. 4. All laws and clauses of laws in conflict with this Act are hereby 
repealed. 

Sec. 5. This Act shall be in full force and effect from and after its 
ratification. 

In the General Assembly read three times and ratified, this the 23rd 
day of March, 1965. 

H. B. 209 CHAPTER 103 

AN ACT AUTHORIZING THE BOARD OF EDUCATION OF ALAMANCE 
COUNTY TO CONVEY THE OLD DURHAM SCHOOL PROPERTY TO 
THE MARTIN CHAPEL BAPTIST CHURCH. 

WHEREAS, the real property hereinafter described was conveyed to 
the Public School Committee of District No. 19, Alamance County, North 
Carolina, by deed of December 20, 1882, and became the property of the 
Alamance County Board of Education when the State of North Carolina 

170 



1965— Session Laws Ch. 103-104 

too* over the public schools, said real proper* being described follow.: 

"A rprtain parcel of land in Alamance County, JNortn ^aruim , 

years been used by the Martin Chapel Baptist Church 

WHFRFAS this property is no longer needed for use as a puui 
school^ and'bas'U been used as a public school site or for any school 

P TH E REls 9 n L a the judgment of the Alamance County Board of : Edu 
cation that it v^ould be in the public interest to convey all right t*te«g 
ntrest of the Alamance County Board of Educate ■ »d to ^££« 
to the trustees, or other official body authorized to hold title to real proper y, 
of the Martin Chapel Baptist Church: Now, therefore, 

.WH all its rieht title and interest in and to the real prupei^ 

herein to the'^stees, or other official body authorized to bold title to 

re»l uronerty of the Martin Chapel Baptist Church. ■ 

real g property, o^ ^ ^^ ^ ^ fa ^.^ ^ ^ provlslons of 

tW SetV 3 ™r e A b c y t Xll 'ot in full force and effect from and after its 

'"""'Genera, Assembly read three times and ratified, this the 23rd 
day of March, 1965. 

H. B. 124 CHAPTER 104 

AN ACT TO AMEND G S. 1-496 SO AS TO PROVIDE THAT UNDER- 
%l C KINGO A R BOND 'SHALL NOT BE REQUIRED IN SUITS BE- 
TWEEN SPOUSES CONCERNING SUPPORT, ALIMONY, CUSTODY, 
AND DIVORCE. 

The General Assembly of North Carolina do enact: 

Section 1. G. S. 1-496 is amended by adding a new sentence at the end 

thereof to read as follows: „ n __ ort 

"Provided, however, that in suits between spouses, relating to support 
alimony, custody of children, separation, divorce from bed and ^ board, .and 
divorce absolute no bond or undertaking shall be required of the ^plaint* 
spouse as a condition precedent to the issuing of a restraining order en- 
joining the defendant spouse from interfering with, threatening, or in any 
way molesting the plaintiff spouse during pendency of the suit, until 
fnrthpr order of the court." , , 

Sec. 2 All laws and clauses of laws in conflict with this Act are hereby 

reP si ed 3. This Act shall be in full force and effect from and after its 

^^nthrGeneral Assembly read three times and ratified, this the 24th 
day of March, 1965. 

171 



Ch. 105-106-107 1965— Session Laws 

H. B. 135 CHAPTER 105 

AN ACT TO CLARIFY G. S. 50-10 RELATING TO WAIVER OF JURY 
TRIALS IN CERTAIN DIVORCE ACTIONS. 

The General Assembly of North Carolina do enact: 

Section 1. G. S. 50-10, as the same appears in the 1963 Cumulative 
Supplement to the General Statutes, is hereby amended by inserting the 
words "whether within or without the State," immediately following the 
word "summons" in line 11 thereof. 

Sec. 2. All laws and clauses of laws in conflict with this Act are hereby 
repealed. 

Sec. 3. This Act shall be in full force and effect upon its ratification. 

In the General Assembly read three times and ratified, this the 24th 
day of March, 1965. 

H. B. 143 CHAPTER 106 

AN ACT TO AMEND G. S. 20-82 CONCERNING NOTICE OF SALE 
OR TRANSFER BY AUTOMOBILE MANUFACTURERS AND 
DEALERS. 

The General Assembly of North Carolina do enact: 

Section 1. G. S. 20-82, as the same appears in the 1963 Cumulative 
Supplement to the General Statutes, is hereby amended by deleting all 
except the last sentence thereof. 

Sec. 2. All laws and clauses of laws in conflict with this Act are hereby 
repealed. 

Sec. 3. This Act shall be in full force and effect from and after its 
ratification. 

In the General Assembly read three times and ratified, this the 24th 
day of March, 1965. 

H. B. 171 CHAPTER 107 

AN ACT TO EXTEND THE TERRITORIAL JURISDICTION OF THE 
POLICE DEPARTMENT OF THE TOWN OF KILL DEVIL HILLS IN 
DARE COUNTY. 

The General Assembly of North Carolina do enact: 

Section 1. The police officers of the Town of Kill Devil Hills are hereby 
authorized and empowered to execute such duties and powers which are 
now lawfully exercised within the corporate limits of said town, relating 
to the enforcement of the criminal laws, including arrests, in all that 
territory in Dare County within two miles from the corporate limits of 
Kill Devil Hills, but not within the corporate limits of any other munici- 
pality. 

Sec. 2. All laws and clauses of laws in conflict with this Act are hereby 
repealed. 

Sec. 3. This Act shall become effective upon its ratification. 

In the General Assembly read three times and ratified, this the 24th 
day of March, 1965. 

172 



1965— Session Laws Ch. 108-109-110 

H. B. 179 CHAPTER 108 

AN ACT RELATING TO CONSENT OF DESERTED WIVES TO 
STERILIZATION OPERATIONS. 

The General Assembly of North Carolina do enact: 

Section 1. G. S. 90-271 is hereby amended by striking out the period 
at the end of the Section, substituting a comma in lieu thereof, and adding 
the following: "or, in the case of a wife to be operated upon, unless she 
shall furnish an affidavit that her husband has abandoned her and failed to 
contribute to her support for at least the preceding six months." 

Sec. 2. All laws and clauses of laws in conflict with this Act are hereby 
repealed. 

Sec. 3. This Act shall be in full force and effect upon its ratification. 

In the General Assembly read three times and ratified, this the 24th 
day of March, 1965. 

H. B. 188 CHAPTER 109 

AN ACT TO AMEND ARTICLE 24A OF CHAPTER 153 OF THE GEN- 
ERAL STATUTES RELATING TO SPECIAL ASSESSMENTS FOR 
WATER AND SEWERAGE FACILITIES SO AS TO MAKE THE 
SAME APPLICABLE TO ONSLOW COUNTY. 

The General Assembly of North Carolina do enact: 

Section 1. G. S. 153-294.19 is hereby amended by striking out the 
word "Onslow," in line 7 thereof. 

Sec. 2. All laws and clauses of laws in conflict with this Act are hereby 
repealed. 

Sec. 3. This Act shall become effective upon its ratification. 

In the General Assembly read three times and ratified, this the 24th 
day of March, 1965. 

H. B. 208 CHAPTER 110 

AN ACT TO SET THE COMPENSATION OF THE MAYOR AND ALDER- 
MEN OF THE TOWN OF WAYNESVILLE AND TO AUTHORIZE 
THE EMPLOYMENT OF COUNSEL TO ACT AS PROSECUTING 
ATTORNEY IN THE MAYOR'S COURT. 

The General Assembly of North Carolina do enact: 

Section 1. Chapter 617 of the Session Laws of 1955 is hereby amended 
by rewriting Section 1 thereof to read as follows: 

"Section 1. From and after the first day of March 1965, the salary of 
the Mayor of the Town of Waynesville shall be fixed by the Mayor and 
Board of Aldermen of said Town at a sum not exceeding two hundred 
dollars ($200.00) per month. From and after the first day of March 1965, 
the salary for each member of the Board of Aldermen shall be fixed by 
the Mayor and the Board of Aldermen of said Town at a sum not exceeding 
seventy-five dollars ($75.00) per month." 

173 



Ch. 110-111-112 1965— Session Laws 

Sec. 2. Chapter 31 of the Private Laws of 1929 is hereby amended by- 
rewriting Section 4 thereof to read as follows: 

"Sec. 4. In those cases when the Judge of the Mayor's Court deems it 
necessary, he may instruct the Clerk of said Court to employ counsel to 
act as prosecuting attorney in such cases." 

Sec. 3. All laws and clauses of laws in conflict with this Act are hereby 
repealed. 

Sec. 4. This Act shall be in full force and effect from and after ratifi- 
cation. 

In the General Assembly read three times and ratified, this the 24th 
day of March, 1965. 

H. B. 212 CHAPTER 111 

AN ACT TO EXEMPT THAT AREA OF HARNETT COUNTY LYING 
WITHIN ONE MILE OF THE TOWN OF FUQUAY-VARINA, IN 
WAKE COUNTY, FROM THE ZONING JURISDICTION OF THE 
TOWN OF FUQUAY-VARINA ESTABLISHED BY G. S. 160-181.2. 

The General Assembly of North Carolina do enact: 

Section 1. The Town of Fuquay-Varina in Wake County is hereby pro- 
hibited from exercising the extraterritorial zoning jurisdiction granted to 
the town by G. S. 160-181.2 within any area of Harnett County. 

Sec. 2. The Town of Fuquay-Varina under the authority of this Act 
shall not be required to increase the membership of its Planning Board, 
Zoning Commission, or Board of Adjustment to include Harnett County as 
required by G. S. 160-181.2. 

Sec. 3. The Town of Fuquay-Varina shall continue to have and may 
exercise the extraterritorial zoning authority within Wake County as may 
now or hereafter be granted by G. S. 160-181.2, and the exclusion of Harnett 
County from this jurisdiction shall not invalidate or otherwise affect the 
authority or jurisdiction granted to the Town of Fuquay-Varina by G. S. 
160-181.2. 

Sec. 4. This Act shall apply only to the Town of Fuquay-Varina in 
Wake County. 

Sec. 5. All laws and clauses of laws in conflict with this Act are hereby 
repealed. 

Sec. 6. This Act shall be in full force and effect from and after its 
ratification. 

In the General Assembly read three times and ratified, this the 24th 
day of March, 1965. 

S. B. 32 CHAPTER 112 

AN ACT RELATING TO THE SALARY OF THE CLERK OF SUPERIOR 
COURT, REGISTER OF DEEDS AND SHERIFF OF IREDELL 
COUNTY. 

The General Assembly of North Carolina do enact: 

Section 1. The Board of County Commissioners of Iredell County is 
hereby authorized and empowered, in its discretion, to fix the salary of the 

174 



1965— Session Laws Ch. 112-113 

Clerk of Superior Court, the Register of Deeds and the Sheriff of Iredell 
County in an amount not less than five thousand dollars ($5,000.00) 
annually. The maximum salary for the Clerk of Superior Court and the 
Sheriff of Iredell County shall not exceed seven thousand eight hundred 
dollars ($7,800.00) annually, and the maximum salary of the Register 
of Deeds of Iredell County shall not exceed seven thousand two hundred 
dollars ($7,200.00) annually. 

Sec. 2. Chapter 651, Session Laws of 1959, and all other laws and 
clauses of laws in conflict with this Act are hereby repealed. 

Sec. 3. This Act shall be in full force and effect on and after July 1, 
1965. 

In the General Assembly read three times and ratified, this the 25th 
day of March, 1965. 

H. B. 132 CHAPTER 113 

AN ACT TO PROVIDE FOR AN ELECTION IN THE TOWN OF BRE- 
VARD ON THE QUESTION OF CONTINUING THE TOWN MAN- 
AGER FORM OF GOVERNMENT. 

WHEREAS, under and pursuant to Chapter 681 of the Session Laws of 
1959, a referendum was submitted to and adopted by the qualified voters 
of the Town of Brevard providing for a modified town manager form of 
government and amending the Charter of the Town of Brevard accordingly; 
and 

WHEREAS, in excess of thirty per cent (30%) of the registered voters 
of the Town of Brevard have already petitioned, and petitions bearing the 
signatures of a considerable additional number of voters of the town are 
presently being circulated for other signatures among the voters of the town, 
urging their legislative Representatives in the current General Assembly to 
provide appropriate legislation for the submission of a referendum to the 
qualified voters of the town on the question of whether or not the town man- 
ager form of government should be continued, or the form of town govern- 
ment revert to that form which obtained prior to the adoption by the elec- 
torate of the modified town manager form of government: Now, therefore, 

The General Assembly of North Carolina do enact: 

Section 1. Subject to a referendum which the Board of Aldermen of 
the Town of Brevard shall cause to be submitted to the qualified voters 
of the town at the next ensuing municipal election, the Charter of the 
Town of Brevard, Chapter 113 of the Private Laws of 1903, as amended, 
shall be further amended by deleting "Section 4(a)" thereof as set forth 
in detail in Section 1 of Chapter 681 of the Session Laws of 1959. 

Sec. 2. The referendum shall be submitted to the qualified voters of the 
Town of Brevard at the regular municipal election to be held on Tuesday 
after the first Monday of May, 1965, that is to say, on Tuesday, May 4, 
1965. Notice of the referendum herein provided for and of its submission 
at the regular municipal election shall be published, or caused to be pub- 
lished, by the board of aldermen of the town not less than once a week 

175 



Ch. 113-114 1965— Session Laws 

for three successive weeks prior to the date of the election in a newspaper 
having a general circulation within the municipality. 

Sec. 3. The referendum election provided for in this Act shall be held 
for the Town of Brevard in accordance with the procedures for municipal 
elections as set forth in Article 3 of Chapter 160 of the General Statutes 
of North Carolina, G. S. 160-29 through G. S. 160-51.1, except as those 
election procedures may be modified by the provisions of this Act. 

Sec. 4. At said election the qualified voters of the Town of Brevard 
shall cast their ballots either in favor of or against the adoption of the 
proposed amendment to the Charter of the Town of Brevard as set forth 
in Section 1 of this Act upon a ballot prepared for said purpose and upon 
which shall be printed the following words: 

□ For continuing the Town Manager form of government. 

□ Against continuing the Town Manager form of government. 

If, at said election, a majority of the votes cast shall be marked on 
said ballots as "For continuing the Town Manager form of government" 
then the proposed amendment to the Charter of the Town of Brevard as 
set forth in Section 1 of this Act shall be null and void, and without force 
and effect. If a majority of the votes cast shall be marked on said ballots 
as "Against continuing the Town Manager form of government" then the 
amendment to the Charter of the Town of Brevard as set forth in Section 1 
of this Act shall be deemed duly adopted and shall become a part of the 
Charter of the Town of Brevard at the time the municipal board of elections 
certifies the result of said election to the Board of Aldermen of said Town 
of Brevard, and the government of the Town of Brevard shall thereupon 
revert to that form of government which obtained prior to the adoption 
of Section 4(a) of Section 1 of Chapter 681 of the Session Laws of 1959. 

Sec. 5. All laws and clauses of laws in conflict with this Act are hereby 
repealed. 

Sec. 6. This Act shall become effective upon its ratification. 

In the General Assembly read three times and ratified, this the 25th 
day of March, 1965. 

H. B. 242 CHAPTER 114 

AN ACT TO REPEAL CHAPTER 1026 OF THE SESSION LAWS OF 
1957, RELATING TO ELECTIONS IN WINSTON-SALEM AND 
FORSYTH COUNTY. 

The General Assembly of North Carolina do enact: 

Section 1. Chapter 1026 of the Session Laws of 1957, relating to elec- 
tions in Winston-Salem and Forsyth County, is hereby repealed. 

Sec. 2. This Act shall not be construed as repealing or modifying 
House Bill 81, codified as Chapter 33, Session Laws of 1965, in any respect. 

Sec. 3. All laws and clauses of laws in conflict with this Act are hereby 
repealed. 

Sec. 4. This Act shall be in full force and effect upon its ratification. 

In the General Assembly read three times and ratified, this the 25th 
day of March, 1965. 

176 



1965 — Session Laws Ch. 115 

S. B. 132 CHAPTER 115 

AN ACT TO PROVIDE FOR AN ELECTION TO DETERMINE 
WHETHER SECTION 1 OF CHAPTER 34 OF THE 1953 SESSION 
LAWS AND SECTION 160-344 OF THE GENERAL STATUTES OF 
NORTH CAROLINA SHALL BE AMENDED TO PROVIDE FOR 
STAGGERED TERMS OF OFFICE FOR MEMBERS OF THE CITY 
COUNCIL OF THE CITY OF GASTONIA AND THE MANNER OF 
FULFILLING VACANCIES THEREON. 

The General Assembly of North Carolina do enact: 

Section 1. Section 1 of Chapter 34 of the 1953 Session Laws of North 
Carolina is hereby repealed and declared void, and in lieu thereof the fol- 
lowing is enacted and said Section 1 of Chapter 34 of the 1953 Session 
Laws of North Carolina is hereby amended to read as follows: 

"Section 1. Section 160-340 of the General Statutes of North Carolina 
is hereby amended by adding at the end of said Section 160-340 the fol- 
lowing proviso. 

'Provided, that in the City of Gastonia, the City Council shall consist 
of six members, one from each Ward of the City. Each Councilman shall 
be a resident of the Ward he represents, but he shall be elected by all 
the qualified voters of the entire City at large.' 

"At the regular Municipal Election of officers in 1965 all the members 
of the City Council shall be elected for terms of two (2) years and until 
their successors are elected and qualified; provided, however, that at 
the regular Municipal Election of officers in 1967, the three Council mem- 
bers from Ward One, Three and Five shall then be elected for a term of 
four (4) years, and the three Council members from Wards Two, Four and 
Six shall then be elected for a term of two (2) years. Thereafter, all 
Council members shall be elected for a regular term of four (4) years 
or until their successors are duly elected and qualified, three of whom shall 
be elected at each regular biennial municipal election. 

"For the purposes of this Section, the City of Gastonia is hereby 
divided into six Wards as described in House Bill 21 of the 1965 General 
Assembly of North Carolina entitled 'An Act Repealing Chapter 68 of the 
1961 Session Laws and Amending a Portion of Section 1 of Chapter 34 
of the 1953 Session Laws of North Carolina to Revise and Establish Ward 
Boundary Lines of the City of Gastonia' and as ratified on the 23rd day of 
February, 1965, by the 1965 General Assembly of North Carolina, which Act 
is hereby ratified and shall remain in full force and effect." 

Sec. 2. Section 160-344 of the General Statutes of North Carolina is 
hereby amended by adding at the end of said Section the following proviso: 

"Provided that in the City of Gastonia, after its regular Municipal 
Election of officers in 1967, vacancies in the City Council shall thereafter 
be filled by majority vote of the remaining Council, such appointee to serve 
until the next regular Municipal Election, at which election the voters 
shall elect the successor for the remainder of the unexpired term of such 
office, if any." 



177 



Ch. 115 1965— Session Laws 

Sec. 3. This Act shall apply only to the City of Gastonia in Gaston 
County, and Sections 1 and 2 hereof shall not take effect until they have 
been approved by a majority of the qualified voters of the City of Gas- 
tonia participating in an election for said purpose to be held contempo- 
raneously with the regular Municipal Election of officers for the City of 
Gastonia on May 4, 1965 

In the event a majority of the votes cast by the qualified voters in 
said election on said proposition shall be for the approval of Sections 1 
and 2 of this Act, then the three Council members elected from Wards One, 
Three and Five in the regular Municipal Election of officers to be held in 
May, 1967, shall be deemed elected for a term of four (4) years, and the 
three Council members then elected from Wards Two, Four and Six shall 
be deemed elected for a term of two (2) years, and thereafter all Council 
members shall be elected for regular four-year terms, three of whom shall 
be elected at each regular biennial Municipal Election, and thereafter 
vacancies in the City Council shall be filled as provided in Section 2 of this 
Act. 

In the event a majority of the votes cast by the qualified voters in said 
election on said proposition shall be against the approval of Sections 1 and 
2 of this Act, then all the provisions of this Act shall thereupon be null 
and void, and the terms of City Councilmen and the manner of fulfilling 
vacancies on the City Council of the City of Gastonia shall be and remain 
as at present provided by law, and the Council members elected from 
Wards One, Two, Three, Four, Five and Six at the regular Municipal 
Election of officers also held in May, 1967, shall be deemed elected for two- 
year terms as now provided by law, and vacancies in the City Council shall 
be filled as now provided by law. 

Sec. 4. The qualified voters of the City of Gastonia participating in 
the election herein provided for as to the approval or disapproval of Sec- 
tions 1 and 2 of this Act, shall vote for or against the approval of said 
Sections on a ballot on which shall be printed: 

□ FOR providing, effective at the regular Municipal Election of officers in 
1967, staggered four-year terms for the six members of the City Council, 
three of whom to be elected every two (2) years, and changing the man- 
ner of fulfilling vacancies on the City Council. 

□ AGAINST providing for said staggered four-year terms and changing, 
effective at the regular Municipal Election of officers in 1967, the present 
non-staggered two-year terms of the six members of the City Council 
and the manner of fulfilling vacancies on the City Council. 

Sec. 5. All laws and clauses of laws in conflict with the provisions of 
this Act are hereby repealed. 

Sec. 6. This Act shall be in full force and effect upon its ratification. 

In the General Assembly read three times and ratified, this the 26th 
day of March, 1965. 



178 



1965— Session Laws Ch. 116-117 

H. B. 75 CHAPTER 116 

AN ACT TO PROVIDE FOR THE CREATION OF THE BEAUFORT 
COUNTY RIVERS AND PORTS COMMISSION. 

The General Assembly of North Carolina do enact: 

Section 1. There is hereby created in Beaufort County a commission to 
be designated as the "Beaufort County Rivers and Ports Commission" which 
shall consist of seven members whose terms shall be for two years, or 
until their successors are appointed and qualified. The following members 
are hereby appointed to this commission: W. R. Roberson, Jr., Chairman, 
John C. Rodman, J. Havens Moss, Thompson D. Litchfield, Wilton W. 
Smith, Prentiss O'Neal, and Frank T. Bonner. Their successors shall be 
appointed by the Beaufort County Board of Commissioners and said board 
shall also fill vacancies by appointment for the unexpired term. The 
Beaufort County Board of Commissioners is hereby authorized, in its 
discretion, to reimburse members of the commission for any necessary 
traveling expenses incurred in performing the duties of the commission. 

Sec. 2. The commission herein provided for shall study the problem of 
the greater development, use and beautification of the rivers and ports of 
Beaufort County and make reports thereon to the board of county com- 
missioners from time to time as said board may direct. 

Sec. 3. All laws and clauses of laws in conflict with this Act are hereby 
repealed. 

Sec. 4. This Act shall become effective upon its ratification. 

In the General Assembly read three times and ratified, this the 26th 
day of March, 1965. 

H. B. 159 CHAPTER 117 

AN ACT AUTHORIZING THE CITY OF WILSON TO SELL AT PRIVATE 
SALE CERTAIN LANDS THAT ARE NOT NEEDED FOR MUNICI- 
PAL PURPOSES. 

WHEREAS, the City of Wilson is the owner of two tracts of land in 
Wilson County, North Carolina, containing a total of approximately 400 
acres and being more particularly described as follows: 

East Tract: Beginning at a point South 06 degrees 10 minutes East 1620 
feet from the northernmost corner of the Wilson Municipal Airport property; 
thence South 33 degrees 30 minutes West 1440 feet to a corner; thence 
South 55 degrees 30 minutes East 525 feet to a corner; thence South 33 
degrees 30 minutes West 2500 feet to a corner located in the existing paved 
access road; thence North 55 degrees 30 minutes West 525 feet to a corner; 
thence South 30 degrees 00 minutes West 660 feet to a point; thence South 
28 degrees 31 minutes West 438.7 feet to a point; thence South 1 degree 
45 minutes East 239.4 feet to a point; thence South 7 degrees 41 minutes 
East 637.4 feet to a corner; thence South 84 degrees 57 minutes East 37.3 
feet to a point; thence South 89 degrees 05 minutes East 183 feet to a 
point; thence South 73 degrees 40 minutes East 404 feet to a point; thence 
South 59 degrees 50 minutes East 527 feet to a point; thence South 63 

179 



Ch. 117 1965— Session Laws 

degrees 50 minutes East 165 feet to a point; thence South 11 degrees 45 
minutes East 151.4 feet to a corner; thence North 42 degrees 20 minutes 
East 2706 feet to a corner; thence North 06 degrees 10 minutes West 3739 
feet to the point of beginning and being the East Industrial Tract. 

West Tract: Beginning at a point South 73 degrees 45 minutes West 
1500 feet from the northernmost corner of the Wilson Municipal Airport 
property; thence South 73 degrees 45 minutes West 1022 feet to a point; 
thence South 80 degrees 50 minutes West 622 feet to a point; thence South 
74 degrees 30 minutes West 1065 feet to a corner; thence North 14 degrees 
21 minutes West 1000 feet to a corner; thence South 75 degrees 39 minutes 
West 933.5 feet to a corner; thence South 04 degrees 09 minutes West 
301.2 feet to a corner; thence North 85 degrees 04 minutes West 863 feet 
to a corner; thence South 06 degrees 00 minutes West 1997.7 feet to a 
corner; thence South 87 degrees 54 minutes East 1186 feet to a corner; 
thence South 12 degrees 40 minutes East 2503 feet to a corner; thence North 
33 degrees 30 minutes East 5540 feet to the point of beginning and being 
the West Industrial Tract. 

WHEREAS, it has been determined that the foregoing tracts of land 
are not needed for municipal purposes; and 

WHEREAS, the land is adaptable for use by industrial plants and the 
public interest will be promoted by selling the said property as sites for 
industrial plants and thereby increase the taxable value of the property 
and such sales can be more advantageously effected through private sales 
than through public sales: Now, therefore, 

The General Assembly of North Carolina do enact: 

Section 1. The Board of Commissioners of the City of Wilson, in the 
exercise of its discretion is hereby authorized to sell privately any or all 
of that certain tract of land containing approximately four hundred acres, 
described in the preamble hereof, for such consideration as the members of 
the Board of Commissioners consider its fair market value and that the 
mayor and city clerk, when authorized by the Board of Commissioners so 
to do, are empowered to execute valid deed or deeds therefor upon receipt 
of the purchase price. 

Sec. 2. To facilitate the sale of the property the Board of Commissioners 
is hereby authorized and empowered to execute options to prospective 
purchasers for a period of not exceeding six months. 

Sec. 3. No sale of property shall be had nor shall any option to pur- 
chase be given until notice thereof shall have been given to the public, 
as herein provided, and after a public hearing in relation thereto, at which 
parties in interest and citizens shall have an opportunity to be heard. Such 
notice shall state (1) the intention of the Board of Commissioners to con- 
summate a sale or to execute an option to purchase; (2) a brief description 
of the property or properties; (3) the proposed selling price or prices; 
(4) the time and place of the public hearing; (5) that any citizen or tax- 
payer objecting to the proposed sale or the execution of the option to 
purchase or to the proposed selling price or prices may present his objec- 
tion at the public hearing. The said notice shall be published once a week 

180 



1965— Session Laws Ch. 117-118-119 

for two successive weeks in a newspaper published in the City of Wilson, 
the first publication to be at least ten days before the public hearing. 

Sec. 4. Sections 2 and 59 of Chapter 160 of the General Statutes of 
North Carolina and Chapter 349 of the Session Laws of 1963, to the extent 
that they conflict with this Act, are hereby repealed, and all other laws 
and clauses of laws in conflict with this Act are hereby repealed. 

Sec. 5. All sales of land made by the City of Wilson pursuant to the 
provisions of Chapter 349 of the Session Laws of 1963 are hereby ratified. 

Sec. 6. This Act shall be in full force and effect from and after its 
ratification. 

In the General Assembly read three times and ratified, this th 26th 
day of March, 1965. 

H. B. 211 CHAPTER 118 

AN ACT TO AMEND THE CHARTER OF GRACE HOSPITAL, IN- 
CORPORATED, LOCATED IN THE TOWN OF MORGANTON. 

The General Assembly of North Carolina do enact: 

Section 1. Section 2 of Chapter 81 of the Private Laws of 1931 is hereby 
amended by placing a period immediately following the word "it" in Line 10 
thereof and striking all that language of the first sentence which follows, 
which language begins with the word "(except" in line 10 and concludes 
with the word "minutes." in line 20. 

Sec. 2. All laws and clauses of laws in conflict with this Act are hereby 
repealed. 

Sec. 3. This Act shall become effective upon its ratification. 

In the General Assembly read three times and ratified, this the 26th 
day of March, 1965. 



H. B. 224 CHAPTER 119 

AN ACT TO AMEND G. S. 163-175 RELATING TO SINGLE SHOT VOT- 
ING IN THE TOWN OF ROSEBORO IN SAMPSON COUNTY. 

The General Assembly of North Carolina do enact: 

Section 1. G. S. 163-175 is hereby amended by deleting the period and 
inserting a comma after the words "and all municipalities in Bertie County" 
in line eleven of the second paragraph of subsection (6) thereof, as the 
same is found in the 1964 Replacement Volume 3D of the General Statutes 
of North Carolina, and by inserting after said comma the words "and to 
municipal elections in the Town of Roseboro in Sampson County." 

Sec. 2. All laws and clauses of laws in conflict with this Act are hereby 
repealed. 

Sec. 3. This Act shall be in full force and effect from and after its 
ratification. 

In the General Assembly read three times and ratified, this the 26th 
day of March, 1965. 

181 



Ch. 120-121-122 1965— Session Laws 

H. B. 238 CHAPTER 120 

AN ACT TO AMEND G. S. 9-4 AS THE SAME RELATES TO THE 
NUMBER OF JURORS DRAWN FOR ROBESON COUNTY. 

The General Assembly of North Carolina do enact: 

Section 1. G. S. 9-4 is hereby amended by striking out the words "In 
Robeson and Granville Counties" as they appear in line 1 of the fifteenth 
unnumbered paragraph of said Section and substituting in lieu thereof the 
words "In Granville County". 

Sec. 2. G. S. 9-4 is further amended by striking out the word "Counties" 
as it appears in line 2 of the fifteenth unnumbered paragraph and by sub- 
stituting in lieu thereof the word "County". 

Sec. 3. G. S. 9-4 is further amended by adding at the end thereof a 
new unnumbered paragraph to read as follows: 

"In Robeson County the board of commissioners for the first week of 
each term of Superior Court of said County for the trial of civil and criminal 
causes shall cause to be drawn from the jury box forty-two scrolls, and 
for each additional week or for any court for the trial of civil causes only, 
said board of commissioners shall draw not less than twenty-four scrolls 
nor more than forty-two scrolls." 

Sec. 4. All laws and clauses of laws in conflict with this Act are hereby 
repealed. 

Sec. 5. This Act shall be in full force and effect upon its ratification. 

In the General Assembly read three times and ratified, this the 26th 
day of March, 1965. 

H. B. 246 CHAPTER 121 

AN ACT TO AMEND G. S. 160-181.2 AS IT RELATES TO MECKLEN- 
BURG COUNTY. 

The General Assembly of North Carolina do enact: 

Section 1. G. S. 160-181.2, as the same appears in the 1964 Replacement 
Volume 3D of the General Statutes, is hereby amended by changing the 
period at the end thereof to a comma and by adding immediately thereafter 
the words "or to Mecklenburg County." 

Sec. 2. All laws and clauses of laws in conflict with this Act are hereby 
repealed. 

Sec. 3. This Act shall be in full force and effect upon its ratification. 

In the General Assembly read three times and ratified, this the 26th 
day of March, 1965. 

H. B. 249 CHAPTER 122 

AN ACT RELATING TO THE OPERATION, SUPPORT AND MAINTE- 
NANCE OF A COUNTY LAW LIBRARY IN BLADEN COUNTY. 

The General Assembly of North Carolina do enact: 

Section 1. The operation and maintenance of a county law library in 
Bladen County is hereby authorized. 

182 



1965— Session Laws Ch. 122-123 

Sec. 2. The library shall be operated by and be under the supervision 
of the Bladen County Law Library Committee to be appointed by the 
Bladen County Bar Association which shall determine its number, its chair- 
man, and the terms of its members. 

Sec. 3. In addition to all court costs now provided by law, an additional 
court cost in the amount of one dollar ($1.00) shall be taxed and collected 
in all criminal cases in all courts, including courts of justices of the peace, 
tried in Bladen County where the costs are in fact paid by the defendant. 
In addition to all other costs, the sum of one dollar ($1.00) shall also be 
taxed as part of the costs in all civil sections in all courts, including 
courts of justices of the peace, tried in Bladen County. 

Sec. 4. All justices of the peace and clerks of all courts shall remit on 
the first day of each month to the Bladen County Auditor all funds col- 
lected pursuant to this Act and shall report the collections on forms fur- 
nished by the Auditor. The Auditor shall keep all funds in a special bank 
account designated "Bladen Law Library Account". 

Sec. 5. The Library Committee shall maintain, equip, and authorize 
purchases for all necessary equipment, books and supplies for the Bladen 
County Law Library and may authorize the purchase of any equipment 
or supplies it considers reasonable and necessary for use in either court- 
room. It may, also, employ necessary personnel and authorize such ex- 
penditures as may be necessary therefor. 

The Committee may accept gifts, bequests of books, materials and 
equipment. The Law Library shall be maintained in the Court House of 
Bladen County. The Committee shall make rules and regulations for the 
use of the Law Library. 

Sec. 6. The Auditor shall pay from the funds remitted to him under 
this Act all charges and costs as authorized in writing by the Committee 
chairman and all supplies, equipment, and books purchased shall be the 
property of Bladen County. 

Sec. 7. All laws and clauses of laws in conflict with this Act are hereby 
repealed. 

Sec. 8. This Act shall become effective April 1, 1965. 

In the General Assembly read three times and ratified, this the 26th 
day of March, 1965. 

H. B. 259 CHAPTER 123 

AN ACT TO AMEND CHAPTER 1252, SESSION LAWS OF 1949, THE 
SAME BEING THE CHARTER OF RED SPRINGS, SO AS TO PRO- 
VIDE FOR THE USE OF COUNTY REGISTRATION BOOKS IN 
MUNICIPAL ELECTIONS. 

The General Assembly of North Carolina do enact: 

Section 1. Chapter 1252, Session Laws of 1949, is hereby amended by 
adding a new Section immediately after Section 11, to read as follows: 

"Sec. 11.1. Registration of Voters. Notwithstanding any other provi- 
sions of this Charter or laws, the Board of Commissioners is hereby em- 
powered and authorized, in its discretion, to contract with the Robeson 

183 



Ch. 123-124 1965— Session Laws 

County Board of Elections for the use of the county registration books, 
process, or records, and the registrars of the county for the registration 
of voters and the holding of elections in the municipality. The County 
Board of Elections and the Town Board of Commissioners are authorized 
and empowered to enter into such contracts upon such terms and conditions 
as may be mutually agreed. 

"In the event the Board of Commissioners, by resolution duly passed, 
elect to use the county registration books and registrars in municipal 
elections, all persons duly registered in the county books, who live within 
the corporate limits, shall be entitled to vote in any election held in the 
municipality. The municipal registration books previously used by the 
town shall no longer be used in municipal elections and shall be impounded 
by the Town Clerk. The county registration books for the precincts within 
the town shall remain in the custody of the Robeson County Board of 
Elections." 

Sec. 2. All laws and clauses of laws in conflict with this Act are hereby 
repealed. 

Sec. 3. This Act shall be in full force and effect from and after its 
ratification. 

In the General Assembly read three times and ratified, this the 26th 
day of March, 1965. 

H. B. 265 CHAPTER 124 

AN ACT TO AUTHORIZE THE LIBERTY HALL HISTORICAL COM- 
MISSION OF DUPLIN COUNTY TO AWARD CONTRACTS FOR THE 
RESTORATION OF LIBERTY HALL AND RELATED FACILITIES 
TO THE LOW BIDDERS THROUGH SEALED BIDS OR ON A COST 
PLUS BASIS WHICHEVER IS THE MOST ADVANTAGEOUS. 

WHEREAS, Frank H. Kenan and wife have given the Liberty Hall tract 
of land in the Town of Kenansville to Duplin County and the County Board 
of Education of Duplin County for a Memorial Museum, Library, Park and 
Playground (so long as it is used for said purposes); and 

WHEREAS, Frank H. Kenan and wife are restoring Liberty Hall and 
providing a Park and Playground adjacent thereto; and 

WHEREAS, Duplin County and the Board of Education of Duplin 
County has appointed the Liberty Hall Historical Commission to supervise 
and manage the restoration and maintenance of Liberty Hall, the Park 
and Playground; and 

WHEREAS, it may be advantageous to award contracts for the restora- 
tion of Liberty Hall, the Park and Playground on a cost plus basis: Now, 
therefore, 

The General Assembly of North Carolina do enact: 

Section 1. That the Liberty Hall Historical Commission of Duplin 
County is hereby authorized and empowered to award contracts for restora- 
tion of Liberty Hall, the Park and Playground to low bidders through sealed 
bids, or on a cost plus basis whichever is determined the most advantageous. 

184 



1965— Session Laws Ch. 124-125-126 

Sec. 2. That all laws and clauses of laws in conflict with this Act are 
hereby repealed. 

Sec. 3. That this Act shall be in full force and effect from and after its 
ratification. 

In the General Assembly read three times and ratified, this the 26th 
day of March, 1965. 

H. B. 268 CHAPTER 125 

AN ACT TO AMEND CHAPTER 1247 OF THE SESSION LAWS OF 
ONE THOUSAND NINE HUNDRED AND FIFTY-FIVE AUTHORIZ- 
ING THE ESTABLISHMENT OF A RURAL FIRE PROTECTION DIS- 
TRICT OR DISTRICTS IN ROBESON COUNTY AFTER ELECTION. 

The General Assembly of North Carolina do enact: 

Section 1. Chapter 1247 of the Session Laws of 1955 is hereby amended 
by rewriting Section 9 thereof to provide as follows: "The provisions of 
this Act shall not apply to the following areas in Robeson County: Lum- 
berton Township and that portion of Wishart's Township bordered on the 
South by Lumber River, on the West by U. S. Highway No. 74, on the 
North by State Road 2115 and on the East by the run of Jacob Swamp 
as now located." 

Sec. 2. All laws and clauses of laws in conflict with the provisions of 
this Act are hereby repealed. 

Sec. 3. This Act shall be in full force and effect from and after its 
ratification. 

In the General Assembly read three times and ratified, this the 26th 
day of March, 1965. 

H. B. 272 CHAPTER 126 

AN ACT TO AMEND CHAPTER 182 OF THE SESSION LAWS OF 1953 
RELATING TO AD VALOREM PROPERTY TAX PENALTIES AND 
DISCOUNTS IN BURKE COUNTY. 

The General Assembly of North Carolina do enact: 

Section 1. Section 1 of Chapter 182 of the Session Laws of 1953 is 
hereby amended by rewriting the Section to read as follows: 

"Section 1. G. S. 105-345 is hereby amended by adding a new paragraph 
at the end thereof to read as follows: 

'Notwithstanding any other provisions of this Section, the Board of 
County Commissioners of Burke County, by resolution adopted by said 
Board, is authorized to defer acceptance of prepayments of taxes until 
the first day of July, and to provide that any taxpayer who makes a 
prepayment of taxes in Burke County on or after the first day of July 
and on or before the thirtieth day following the mailing of the tax notice 
shall be entitled to a discount of one per cent (1%); that thereafter and 
before the first day of the following February, the tax shall be paid at 
par or face value; that when the tax is paid during the month of February 

185 



Ch. 126-127 1965— Session Laws 

next after the tax is due and payable there shall be added to the tax interest 
at the rate of one per cent (1%); that when the tax is paid during the 
month of March next after the tax is due and payable there shall be added 
to the tax interest at the rate of two per cent (2%); that when the tax is 
paid on or after the first day of April next after the tax is due and payable, 
the rate of interest shall be, in addition to said two per cent (2%), one-half 
of one per cent per month or fraction thereof from said day until paid on 
the principal amount of such tax; and that the date of mailing of tax 
notices shall be determined from the record of mailing of tax notices as 
prepared and certified by the tax supervisor.' " 

Sec. 2. All laws and clauses of laws in conflict with this Act are hereby 
repealed. 

Sec. 3. This Act shall be in full force and effect upon its ratification. 

In the General Assembly read three times and ratified, this the 26th 
day of March, 1965. 

S. B. 24 CHAPTER 127 

AN ACT (a) TO AUTHORIZE THE COMMISSIONER OF INSURANCE 
TO MAKE RULES AND REGULATIONS FOR THE SOLICITATION 
OF PROXIES BY DOMESTIC STOCK INSURANCE COMPANIES, 
AND (b) TO PROVIDE CERTAIN RESTRICTIONS PERTAINING TO 
THE PURCHASE AND SALE BY CERTAIN PERSONS OF EQUITY 
SECURITIES OF DOMESTIC STOCK INSURANCE COMPANIES. 

The General Assembly of North Carolina do enact: 

Section 1. G. S. 58-9 of the General Statutes is amended by renumber- 
ing subsections (2), (3), (4), (5) and (6) as (3), (4), (5), (6) and (7), re- 
spectively, and by inserting a new subsection immediately following sub- 
section (1), to be designated as subsection (2), and to read as follows: 

"(2) Have the power and authority to make and promulgate rules and 
regulations pertaining to and governing the solicitation of proxies, includ- 
ing financial reporting in connection therewith, with respect to the capital 
stock or other equity securities of any domestic stock insurance company." 

Sec. 2. Chapter 58 of the General Statutes is amended by adding a 
new Section immediately following G. S. 58-86.1, to be designated as G. S. 
58-86.2, and to read as follows: 

"(a) Every person who is directly or indirectly the beneficial owner of 
more than ten per cent (10%) of any class of any equity security of a 
domestic stock insurance company or who is a director or an officer of 
such company, shall file in the office of the Commissioner on or before the 
first day of June, 1966, or within ten days after he becomes such bene- 
ficial owner, director or officer, a statement, in such form as the Com- 
missioner may prescribe, of the amount of all equity securities of such 
company of which he is the beneficial owner, and within ten days after 
the close of each calendar month thereafter, if there has been a change in 
such ownership during such month, shall file in the office of the Com- 
missioner a statement, in such form as the Commissioner may prescribe, in- 
dicating his ownership at the close of the calendar month and such changes 
in his ownership as have occurred during such calendar month. 

186 



1965— Session Laws Ch. 127 

"(b) For the purpose of preventing the unfair use of information which 
may have been obtained by such beneficial owner, director, or officer by 
reason of his relationship to such company, any profit realized by him from 
any purchase and sale, or any sale and purchase, of any equity security of 
such company within a period of less than six months, unless such security 
was acquired in good faith in connection with a debt previously contracted, 
shall inure to and be recoverable by the company, irrespective of any 
intention on the part of such beneficial owner, director or officer in entering 
into such transaction of holding the security purchased or of not repur- 
chasing the security sold for a period exceeding six months. Suit to recover 
such profit may be instituted at law or in equity in any court of competent 
jurisdiction by the company, or by the owner of any equity security of 
the company in the name and in behalf of the company, if the company 
shall fail or refuse to bring such suit within sixty days after request or 
shall fail diligently to prosecute the same thereafter; but no such suit 
shall be brought more than two years after the date such profit was realized. 
This Section shall not be construed to cover any transaction where such 
beneficial owner was not such both at the time of the purchase and sale, or 
the sale and purchase, of the equity security involved, or any transaction 
or transactions which the Commissioner by rules and regulations may 
exempt as not comprehended within the purpose of this Section. 

"(c) It shall be unlawful for any such beneficial owner, director or 
officer, directly or indirectly, to sell any equity security of such company 
if the person selling the security or his principal (1) does not own the 
security sold, or (2) if owning the security, does not deliver it against such 
sale within twenty days thereafter, or does not within five days after such 
sale deposit it in the mails or other usual channels of transportation; but 
no person shall be deemed to have violated this Section if he proves that 
notwithstanding the exercise of good faith he was unable to make such 
delivery or deposit within such time, or that to do so would cause undue 
inconvenience or expense. 

"(d) The provisions of subsection (b) shall not apply to any purchase 
and sale, or sale and purchase, and the provisions of subsection (c) shall 
not apply to any sale, of an equity security of a domestic stock insurance 
company not then or theretofore held by him in an investment account, 
by a dealer in the ordinary course of his business and incident to the 
establishment or maintenance by him of a primary or secondary market 
(otherwise than on an exchange as defined in the Securities Exchange Act 
of 1934) for such security. The Commissioner may, by such rules and regu- 
lations as he deems necessary or appropriate in the public interest, define 
and prescribe terms and conditions with respect to securities held in an 
investment account and transactions made in the ordinary course of busi- 
ness and incident to the establishment or maintenance of a primary or 
secondary market. 

"(e) The provisions of subsections (a), (b) and (c) of this Act shall 
not apply to foreign or domestic arbitrage transactions unless made in 
contravention of such rules and regulations as the Commissioner may 
adopt in order to carry out the purposes of this Act. 

187 



Ch. 127-128 1965— Session Laws 

"(f) The term 'equity security' when used in this Act means any stock 
or similar security; or any security convertible, with or without considera- 
tion, into such a security, or carrying any warrant or right to subscribe 
to or purchase such a security; or any such warrant or right; or any other 
security which the Commissioner shall deem to be of similar nature and 
consider necessary or appropriate, by such rules and regulations as he may 
prescribe in the public interest or for the protection of investors, to treat 
as an equity security. 

"(g) The provisions of subsections (a), (b) and (c) hereof shall not 
apply to equity securities of a domestic stock insurance company if (1) 
such securities shall be registered, or shall be required to be registered, 
pursuant to Section 12 of the Securities Exchange Act of 1934, as amended, 
or if (2) such domestic stock insurance company shall not have any class 
of its equity securities held of record by one hundred or more persons on 
the last business day of the year next preceding the year in which equity 
securities of the company would be subject to the provisions of subsections 
(a), (b) and (c) hereof except for the provisions of this subsection (2). 

"(h) The Commissioner shall have the power to make such rules and 
regulations as may be necessary for the execution of the functions vested 
in him by subsections (a) through (g) hereof, and may for such purpose 
classify domestic stock insurance companies, securities, and other persons 
or matters within his jurisdiction. No provision of subsections (a), (b) and 
(c) hereof imposing any liability shall apply to any act done or omitted 
in good faith in conformity with any rule or regulation of the Commissioner, 
notwithstanding that such rule or regulation may, after such act or 
omission, be amended or rescinded or determined by judicial or other 
authority to be invalid for any reason. 

"(i) If any part or provision of this Act or the application thereof 
to any person or circumstances be adjudged invalid by any court of com- 
petent jurisdiction, such judgment shall be confined in its operation to 
the part, provision or application directly involved in the controversy in 
which such judgment shall have been rendered and shall not affect or impair 
the validity of the remainder of this Act or the application thereof to 
other persons or circumstances." 

Sec. 3. All laws and clauses of laws in conflict with this Act are hereby 
repealed. 

Sec. 4. Section 2 of this Act shall be in full force and effect from and 
after May 31, 1966, and all other portions of this Act shall be in full force 
and effect from and after its ratification. 

In the General Assembly read three times and ratified, this the 30th 
day of March, 1965. 

S. B. 43 CHAPTER 128 

AN ACT TO EXEMPT STOKES COUNTY FROM THE WATER WELL 
CONTRACTOR'S LICENSE ACT. 

The General Assembly of North Carolina do enact: 

Section 1. G. S. 87-82 is hereby amended by adding the word "Stokes" 
immediately following the word "Stanly" in the ninth line. 

188 



1965— Session Laws Ch. 128-129-130-131 

Sec. 2. All laws and clauses of laws in conflict with this Act are hereby 
repealed. 

Sec. 3. This Act shall become effective upon its ratification. 

In the General Assembly read three times and ratified, this the 30th 
day of March, 1965. 

S. B. 77 CHAPTER 129 

AN ACT TO AMEND G. S. 105-422 RELATING TO THE STATUTE OF 
LIMITATIONS ON THE COLLECTION OF COUNTY AND MUNICI- 
PAL TAXES SO AS TO MAKE THE SAME APPLICABLE TO 
WAYNE COUNTY. 

The General Assembly of North Carolina do enact: 

Section 1. G. S. 105-422 is amended by striking out in line 16 the word 
"Wayne,". 

Sec. 2. All laws and clauses of laws in conflict with this Act are hereby 
repealed. 

Sec. 3. This Act shall be in full force and effect upon its ratification. 

In the General Assembly read three times and ratified, this the 30th 
day of March, 1965. 

S. B. 78 CHAPTER 130 

AN ACT TO AMEND G. S. 20-16 RELATING TO SUSPENSION OF 
DRIVER'S LICENSES. 

The General Assembly of North Carolina do enact: 

Section 1. Paragraph (6) of subsection (a) of G. S. 20-16, as the same 
appears in the 1963 Cumulative Supplement to the General Statutes, is 
hereby amended by rewriting the same to read as follows: 

"(6) Has made or permitted an unlawful or fraudulent use of such 
license or a learner's permit, or has displayed or represented as his own, 
a license or learner's permit not issued to him." 

Sec. 2. All laws and clauses of laws in conflict with this Act are hereby 
repealed. 

Sec. 3. This Act shall be in full force and effect from and after its 
ratification. 

In the General Assembly read three times and ratified, this the 30th 
day of March, 1965. 

S. B. 109 CHAPTER 131 

AN ACT TO AMEND CHAPTER 39, PRIVATE LAWS OF 1935, THE 
SAME BEING THE CHARTER OF THE TOWN OF WELDON IN 
HALIFAX COUNTY SO AS TO INCREASE THE BOARD OF COM- 
MISSIONERS FROM FOUR TO FIVE MEMBERS. 

The General Assembly of North Carolina do enact: 

Section 1. Section 1 of Chapter 39 of the Private Laws of 1935, as 
amended by Chapter 21 of the Public-Local Laws of 1937, is hereby amended 

189 



Ch. 131-132-133 1965— Session Laws 

by striking out the words "only four" appearing after the word "Mayor", 
and inserting in lieu thereof the word "five". 

Sec. 2. Section 2 of said Chapter is hereby amended by striking the 
word "four" appearing after the word "Mayor" and inserting in lieu 
thereof the word "five". 

Sec. 3. Section 6 of said Chapter shall be and the same is hereby 
amended by striking out the word "four" appearing after the word "Mayor", 
and inserting in lieu thereof the word "five". 

Sec. 4. All laws and clauses of laws in conflict with this Act are hereby 
repealed. 

Sec. 5. This Act shall be in full force and effect from and after its 
ratification. 

In the General Assembly read three times and ratified, this the 30th 
day of March, 1965. 

H. B. 162 CHAPTER 132 

AN ACT TO REWRITE G. S. 14-178, RELATING TO INCEST, SO AS 
TO INCLUDE THE RELATIONSHIPS OF PARENT AND STEP- 
CHILD, AND PARENT AND LEGALLY ADOPTED CHILD, WITHIN 
THE COVERAGE OF THE SECTION. 

The General Assembly of North Carolina do enact: 

Section 1. G. S. 14-178 is hereby amended by rewriting the Section in 
its entirety to read as follows: 

"The parties shall be guilty of a felony in all cases of carnal intercourse 
between (1) grandparent and grandchild, (2) parent and child or stepchild 
or legally adopted child, or (3) brother and sister of the half or whole 
blood. Punishment for every such offense shall be by imprisonment in the 
State Prison for a term of not more than fifteen years, in the discretion 
of the court." 

Sec. 2. All laws and clauses of laws in conflict with this Act are hereby 
repealed. 

Sec. 3. This Act shall become effective upon its ratification. 

In the General Assembly read three times and ratified, this the 30th 
day of March, 1965. 

H. B. 166 CHAPTER 133 

AN ACT TO AMEND G. S. 20-16.1 TO REQUIRE SUSPENSION OF 
DRIVERS' LICENSES FOR SPEEDING IN EXCESS OF FIFTEEN 
MILES PER HOUR OVER ANY STATED OR POSTED SPEED LIMIT. 

The General Assembly of North Carolina do enact: 

Section 1. G. S. 20-16.1, as the same appears in the 1961 Supplement 
to the General Statutes, is hereby amended by striking out the first sentence 
thereof and inserting in lieu thereof the following: 

"Notwithstanding any other provisions of this Article, the Department 
shall suspend for a period of thirty days the license of any operator or 

190 



1965— Session Laws Ch. 133-134-135 

chauffeur without preliminary hearing on receiving a record of such 
operator's or chauffeur's conviction of exceeding by more than fifteen miles 
per hour the speed limit, either within or outside the corporate limits o± 
a municipality, if such person was also driving at a speed in excess of 
fifty-five miles per hour at the time of the offense. 

Sec. 2. All laws and clauses of laws in conflict with this Act are hereby 

Sec. 3. This Act shall be in full force and effect from and after its 
ratification. 

In the General Assembly read three times and ratified, this the 3Uth 

day of March, 1965. 

H. B. 175 CHAPTER 134 

AN ACT TO AUTHORIZE THE BOARD OF EDUCATION OF MONT- 
GOMERY COUNTY TO APPOINT A SUPERINTENDENT OF 
SCHOOLS FOR SAID COUNTY FOR A TERM OF FOUR YEARS. 

The General Assembly of North Carolina do enact: 

Section 1. The Board of Education of Montgomery County at a meeting 
to be held on the first Monday in April, 1965, or as soon thereafter as prac- 
ticable, shall meet and elect a county superintendent of schools for said 
county, subject to the approval of the State Superintendent of Public 
Instruction and the State Board of Education, who shall take office July 
1st, and shall serve for a period of two (2) or four (4) years, and until 
his' successor is elected and qualified. The board of education shall in its 
discretion determine whether the superintendent's term of office shall be 
for a term of two (2) or four (4) years. 

Sec. 2. All laws and clauses of laws in conflict with this Act are hereby 
repealed. 

Sec. 3. This Act shall be in full force and effect from and after ratifica- 
tion. 

In the General Assembly read three times and ratified, this the 30th 

day of March, 1965. 

H. B. 189 CHAPTER 135 

AN ACT TO AMEND G. S. 130-124 SO AS TO ELIMINATE THE RE- 
QUIREMENT THAT FREEHOLDERS PETITIONING FOR INCOR- 
PORATION OF A SANITARY DISTRICT BE RESIDENTS OF THE 
PROPOSED DISTRICT. 

The General Assembly of North Carolina do enact: 

Section 1. G. S. 130-124 is hereby amended by rewriting the second 
sentence thereof to read as follows: 

"Either fifty-one per cent (51%) or more of the resident freeholders 
within a proposed sanitary district, or fifty-one per cent (51%) or more 
of the freeholders within a proposed sanitary district, whether residents 
therein or not, may petition the board of county commissioners of the 

191 



Ch. 135-136-137 1965— Session Laws 

county in which all or the majority portion of the land of the proposed 
district is located, setting forth the boundaries of the proposed sanitary 
district and the objects it is proposed to accomplish." 

Sec. 2. All laws and clauses of laws in conflict with this Act are hereby 
repealed. 

Sec. 3. This Act shall become effective upon its ratification. 

In the General Assembly read three times and ratified, this the 30th 
day of March, 1965. 

H. B. 190 CHAPTER 136 

AN ACT TO AMEND G. S. 1-287.1 RELATING TO DISMISSAL OF 
APPEALS TO THE SUPREME COURT. 

The General Assembly of North Carolina do enact: 

Section 1. G. S. 1-287.1 is hereby amended by deleting the words "pre- 
siding judge", in the fourth line of said Section as it appears in the 1963 
Cumulative Supplement, and by inserting in lieu thereof the words "Superior 
Court Judge". 

Sec. 2. Said Section 1-287.1 is further amended by inserting a new 
sentence immediately following the first sentence to read as follows: 

"The motion herein provided for may be heard by either the resident 
judge, the presiding judge, a special judge residing within the district, 
or the judge assigned to hold the courts of the district, in term or out of 
term, in any county of the district." 

Sec. 3. All laws and clauses of laws in conflict with this Act are hereby 
repealed. 

Sec. 4. This Act shall become effective upon its ratification. 

In the General Assembly read three times and ratified, this the 30th 
day of March, 1965. 

H. B. 222 CHAPTER 137 

AN ACT TO DECLARE IT A MISDEMEANOR FOR ANY PERSON TO 
STAND, SIT, OR LIE UPON THE HIGHWAY OR STREET IN SUCH 
A MANNER AS TO IMPEDE THE REGULAR FLOW OF TRAFFIC. 

The General Assembly of North Carolina do enact: 

Section 1. Chapter 20 of the North Carolina General Statutes is hereby 
amended by adding a new Section to be designated as Section 20-174.1 and 
to read as follows: 

"§ 20-174.1. Sitting or Lying Upon Highways or Streets Prohibited, 
(a) No person shall wilfully stand, sit, or lie upon the highway or street 
in such a manner as to impede the regular flow of traffic. 

(b) Any person convicted of violating this Section shall be punished 
by fine or imprisonment, or both in the discretion of the court." 

Sec. 2. All laws and clauses of laws in conflict with this Act are hereby 
repealed. 

Sec. 3. This Act shall be in full force and effect from and after its 
ratification. 

In the General Assembly read three times and ratified, this the 30th 
day of March, 1965. 

192 



1965— Session Laws Ch. 138-139-140 

H. B. 223 CHAPTER 138 

AN ACT RELATING TO THE JURY VIEWING THE PREMISES IN 
CONDEMNATION PROCEEDINGS. 

The General Assembly of North Carolina do enact: 

Section 1. The Judge presiding at the trial of any action or proceeding 
involving the exercise of the right of eminent domain, or the condemnation 
of real property may, in his discretion, permit the jury to view the property 
which is the subject of condemnation. 

Sec. 2. All laws and clauses of laws in conflict with this Act are hereby 
repealed. 

Sec. 3. This Act shall be in full force and effect upon its ratification. 

In the General Assembly read three times and ratified, this the 30th 
day of March, 1965. 

H. B. 225 CHAPTER 139 

AN ACT TO EXEMPT CLAY COUNTY FROM THE PROVISIONS OF 
G. S. 47-30, 47-32 and 47-32.2 PERTAINING TO THE REQUIREMENTS 
OF MAPS AND PLATS FOR RECORDATION AND SPECIAL PRO- 
CEEDINGS, AND PUNITIVE PROVISIONS. 

The General Assembly of North Carolina do enact: 

Section 1. G. S. 47-30, as the same appears in the 1963 Cumulative 
Supplement, is amended by adding Clay County to the list of counties in 
subsection (k) to which the Section does not apply. 

Sec. 2. G. S. 47-32, as the same appears in the 1963 Cumulative Sup- 
plement, is amended by adding Clay County to the list of counties in the 
second (unnumbered) paragraph of said Section, to which the provisions 
of the Section do not apply. 

Sec. 3. G. S. 47-32.2, as the same appears in the 1963 Cumulative Sup- 
plement, is amended by adding Clay County to the list of counties in the 
second (unnumbered) paragraph thereof, to which the provisions of the 
Section do not apply. 

Sec. 4. All laws and clauses of laws in conflict with this Act are hereby 
repealed. 

Sec. 5. This Act shall become effective upon its ratification. 

In the General Assembly read three times and ratified, this the 30th 
day of March, 1965. 

H. B. 231 CHAPTER 140 

AN ACT TO ALLOW THE KILLING OF DESTRUCTIVE BEAR IN 
WASHINGTON COUNTY WITHOUT COMPLYING WITH THE PRO- 
VISIONS OF G. S. 113-91(5) AS TO THE DISPOSITION THEREOF. 

The General Assembly of North Carolina do enact: 

Section 1. When inflicting or attempting to inflict injury to personal 
property, black bear may be killed at any time by any person either on 

193 



Ch. 140-141-142 1965— Session Laws 

the spot or in pursuit; and said bear shall be the property of the person 
killing same and shall not be disposed of as provided by G. S. 113-91(5). 
However, the person killing such bear shall notify his local Wildlife Pro- 
tector before disposing of such animal. 

Sec. 2. This Act shall apply only to Washington County. 

Sec. 3. All laws and clauses of laws in conflict with this Act are hereby 
repealed. 

Sec. 4. This Act shall become effective upon its ratification. 

In the General Assembly read three times and ratified, this the 30th 
day of March, 1965. 

H. B. 232 CHAPTER 141 

AN ACT TO INCREASE THE CIVIL JURISDICTION OF THE LEAKS- 
VILLE TOWNSHIP RECORDER'S COURT IN ROCKINGHAM 
COUNTY. 

The General Assembly of North Carolina do enact: 

Section 1. The jurisdiction of the Leaksville Township Recorder's Court 
in Rockingham County in civil actions shall include the following: 

(a) Jurisdiction concurrent with that of the justices of the peace within 
the county; 

(b) Jurisdiction concurrent with the Superior Court in all actions 
founded on contract, wherein the amount involved exclusive of interest and 
costs does not exceed fifteen hundred dollars ($1500.00); 

(c) Jurisdiction concurrent with the Superior Court in actions not 
founded upon contract wherein the amount involved exclusive of interest and 
costs does not exceed the sum of fifteen hundred dollars ($1500.00). 

Sec. 2. All laws and clauses of laws in conflict with this Act are hereby 
repealed. 

Sec. 3. This Act shall be in full force and effect upon its ratification. 

In the General Assembly read three times and ratified, this the 30th 
day of March, 1965. 

H. B. 233 CHAPTER 142 

AN ACT TO AMEND G. S. 113-247, SO AS TO PERMIT NET FISHING 
IN PITT COUNTY ON SUNDAY. 

The General Assembly of North Carolina do enact: 

Section 1. G. S. 113-247, as the same appears in the 1963 Cumulative 
Supplement to the 1960 Replacement Volume 3A of the General Statutes, is 
hereby amended by inserting, immediately after the word "Mecklenburg,", 
the word "Pitt," in line fifteen thereof. 

Sec. 2. All laws and clauses of laws in conflict with this Act are hereby 
repealed. 

Sec. 3. This Act shall be in full force and effect from and after its 
ratification. 

In the General Assembly read three times and ratified, this the 30th 
day of March, 1965. 

194 



1965— Session Laws Ch. 143 

H. B. 240 CHAPTER 143 

AN ACT TO AMEND G. S. 115-126 SO AS TO AUTHORIZE THE 
CRAVEN COUNTY BOARD OF EDUCATION TO LEASE SCHOOL 
FACILITIES TO THE TOWN OF DOVER FOR A TERM OF TEN 
YEARS. 

WHEREAS, the Craven County Board of Education has ceased to use 
as school property or for school purposes that certain property in Dover 
known as the Dover School Property; and 

WHEREAS, it is impractical to use said property as school property 
as it is no longer desirable for school property, and the Board does not in- 
tend to use the same any longer as school property; and 

WHEREAS, it is desirable to lease said property to the Town of Dover 
for purposes of community use by the Town of Dover and /or for industrial 
or commercial uses; and 

WHEREAS, it is to the best interest of the Craven County School 
System and the Dover community and the public generally that said prop- 
erty be so used by the Town of Dover; and 

WHEREAS, it is the purpose and desire that said Board lease the same 
to the Town of Dover, and under the present statutes, the Board is limited 
to a lease term of only one year; and 

WHEREAS, it is impractical and not desirable for the Town of Dover 
to so lease the property for such a limited period of time, and particularly 
impossible or impractical on such a limited lease term basis to improve 
said property or otherwise prepare it for community or town use, and also 
impractical and impossible to use the same for industrial or commercial 
purposes on such a limited time basis: Now, therefore, 

The General Assembly of North Carolina do enact: 

Section 1. Subsection (c) of G. S. 115-126 is hereby amended by adding 
at the end thereof the following: 

"The Craven County Board of Education is hereby authorized and em- 
powered to lease to the Town of Dover that certain property located in 
the town and known as the Dover School Property for a term not exceeding 
ten (10) years, upon such terms and conditions as the Board shall deem 
best for the public interest. Provided, that the lease shall permit the Town 
of Dover to sublease the property, and shall require the town to be respon- 
sible for the upkeep, maintenance and repair of the property until it should 
be sublet. In the event the Town of Dover sublets the property, it shall 
require the sublease to provide proper upkeep, maintenance and repairs 
thereto. Any compensation received by the Town of Dover from the sub- 
lessee shall be paid to the Craven County Board of Education, less any 
expenses incurred by the town, prior to the execution of the sublease, for 
repairs, maintenance and upkeep of the property." 

Sec. 2. All laws and clauses of laws in conflict with this Act are hereby 
repealed. 

Sec. 3. This Act shall become effective upon its ratification. 

In the General Assembly read three times and ratified, this the 30th 
day of March, 1965. 

195 



Ch. 144 1965 — Session Laws 

H. B. 243 CHAPTER 144 

AN ACT AMENDING CHAPTER 224 OF THE PRIVATE LAWS OF 1927 
ENTITLED "AN ACT CONFERRING POWER ON CERTAIN CITIES 
AND TOWNS TO MAKE CERTAIN LOCAL IMPROVEMENTS AND 
PRESCRIBING THE PROCEDURE THEREFOR AND FOR THE 
ASSESSMENT OF ALL OR A PART OF THE COST THEREOF", AS 
AMENDED, AS THE SAME RELATES TO THE CITY OF WINSTON- 
SALEM. 

The General Assembly of North Carolina do enact: 

Section 1. Chapter 224 of the Private Laws of 1927, as amended, is 
hereby further amended as follows: 

(a) The second sentence in paragraph (c) (Water Mains and Sewers) 
of Section 14 (Preliminary Assessment) is amended by inserting after the 
words "their respective frontages thereon" and before the words "by an 
equal rate" the following: "(i.e., the entire frontage benefited by the water 
or sanitary sewer project)", so that, as amended, the first part of said 
second sentence, down to the word "Provided" will read: 

"Such cost shall be assessed against the lots and parcels of land abutting 
on said street or streets, or parts thereof, according to their respective 
frontages thereon (i.e., the entire frontage benefited by the water or sani- 
tary sewer project) by an equal rate per foot of such frontage:" 

(b) Section 14 (Preliminary Assessment) is amended by inserting a 
new paragraph between paragraphs (d) and (e) to be designated (d-1) 
and to read as follows: 

"(d-1) Water Mains and Sewers and Laterals; Flat Rate Assessment. In 
lieu of assessing each water and sanitary sewer improvement project on 
the basis of the cost of that particular project, the governing body of the 
municipality shall have authority to establish flat rates per frontage foot 
for the assessment of property abutting water and sewer improvement 
projects, based on the average cost of constructing 6-inch water mains and 
8-inch sanitary sewer mains in the municipality, and shall also have 
authority to establish flat rates for the assessment of property abutting 
the installation of water and sanitary sewer laterals, based on the average 
cost of installing such laterals in the municipality. The governing body of 
the municipality may then assess property abutting water and sanitary 
sewer improvement projects on the basis of the flat rates so established, 
subject to the right of any non-petitioning property owner to have the 
assessment against his property adjusted as provided by law upon a show- 
ing that his property has not been benefited to the extent of the assess- 
ment." 

Sec. 2. All laws and clauses of laws in conflict with this Act are hereby 
repealed. 

Sec. 3. This Act shall apply only to the City of Winston-Salem. 

Sec. 4. This Act shall be in full force and effect from and after its 
ratification. 

In the General Assembly read three times and ratified, this the 30th 
day of March, 1965. 

196 



1965— Session Laws Ch. 145-146-147 

H. B. 252 CHAPTER 145 

AN ACT TO AMEND CHAPTER 887, SESSION LAWS OF 1959, THE 
SAME BEING THE CHARTER OF OCEAN ISLE BEACH, SO AS 
TO EXTEND THE MUNICIPAL LIMITS THEREOF. 

The General Assembly of North Carolina do enact: 

Section 1. Section 2 of Chapter 887, Session Laws of 1959, is hereby 
amended by adding a new paragraph at the end thereof to read as follows: 

"In addition to the property described in the foregoing paragraph, there 
is hereby annexed to the Town of Ocean Isle Beach the following described 
property: 

"Beginning at a point where the western line of the Homer L. Johnston 
property intersects the Old Sound Creek and running thence South 20 
degrees East along the Homer L. Johnston line projected, to the low water 
mark of the Atlantic Ocean; thence with the low water mark of the 
Atlantic Ocean to Tub's Inlet; thence with the low water mark of Tub's 
Inlet to the center of Old Sound Creek; thence with the center of Old 
Sound Creek to Homer L. Johnston's western line, the point of beginning." 

Sec. 2. All laws and clauses of laws in conflict with this Act are hereby 
repealed. 

Sec. 3. This Act shall be in full force and effect from and after its 

ratification. 

In the General Assembly read three times and ratified, this the 30th 
day of March, 1965. 

H. B. 267 CHAPTER 146 

AN ACT RELATING TO THE DRAWING OF JURORS IN ROBESON 
COUNTY. 

The General Assembly of North Carolina do enact: 

Section 1. G. S. 9-1 is hereby amended by adding at the end thereof the 
following: "Provided that the Board of County Commissioners of Robeson 
County may delegate to any two of the following officials the duty of 
drawing the jurors: the Clerk to the Board of Commissioners, the Chairman 
of the Board of Commissioners or the County Manager." 

Sec. 2. This Act shall apply only to Robeson County. 

Sec. 3. All laws and clauses of laws in conflict with this Act are hereby 
repealed. 

Sec. 4. This Act shall be in full force and effect upon its ratification. 

In the General Assembly read three times and ratified, this the 30th 
day of March, 1965. 

S. B. 76 CHAPTER 147 

AN ACT TO VALIDATE CERTAIN TRUSTEE'S AND SUBSTITUTED 
TRUSTEE'S DEEDS FROM WHICH GRANTOR'S SEALS HAVE 
BEEN OMITTED. 

The General Assembly of North Carolina do enact : 

Section 1. All deeds executed prior to the first day of March, 1965, by 
any Trustee or Substitute Trustee in the exercise of the power of sale 

197 



Ch. 147-148-149 1965— Session Laws 

vested in him under any deed, deed of trust, mortgage, will or other instru- 
ment in which the Trustee or Substitute Trustee has omitted to affix his 
seal after his signature, if otherwise valid, shall not be rendered invalid 
by reason of omission of said seal, provided, however, that this Act shall 
not apply to any pending litigation. 

Sec. 2. All laws and clauses of laws in conflict with this Act are hereby 
repealed. 

Sec. 3. This Act shall become effective upon its ratification. 

In the General Assembly read three times and ratified, this the 31st 
day of March, 1965. 

H. B. 140 CHAPTER 148 

AN ACT TO MAKE THE COUNTY ACCOUNTANT OF CURRITUCK 
COUNTY AN APPOINTIVE OFFICE IN ACCORDANCE WITH 
GENERAL STATE LAW. 

The General Assembly of North Carolina do enact: 

Section 1. Chapter 450, Session Laws of 1945, is hereby repealed. 

Sec. 2. Upon the expiration of the term of the present County Account- 
ant, the Board of Commissioners of Currituck County shall appoint the 
County Accountant. It is the intent of this Act that the office of County Ac- 
countant shall, in all respects, be subject to the general law of the State 
relating thereto. 

Sec. 3. All laws and clauses of laws in conflict with this Act are hereby 
repealed. 

Sec. 4. This Act shall be in full force and effect upon its ratification. 

In the General Assembly read three times and ratified, this the 31st 
day of March, 1965. 



H. B. 226 CHAPTER 149 

AN ACT TO MAKE ARTICLE 24A OF CHAPTER 153, RELATING TO 
SPECIAL ASSESSMENTS FOR WATER AND SEWERAGE FACILI- 
TIES, APPLICABLE TO McDOWELL COUNTY. 

The General Assembly of North Carolina do enact: 

Section 1. G. S. 153-294.19 is hereby amended by striking therefrom 
the word and punctuation "McDowell," appearing in lines six and seven. 

Sec. 2. All laws and clauses of laws in conflict with this Act are hereby 
repealed. 

Sec. 3. This Act shall become effective upon its ratification. 

In the General Assembly read three times and ratified, this the 31st 
day of March, 1965. 



198 



1965— Session Laws Ch. 150-151 

H. B. 286 CHAPTER 150 

AN ACT TO AMEND CHAPTER 17 OF THE 1965 SESSION LAWS OF 
NORTH CAROLINA TO INCLUDE THE NAMES OF VANCE 
COUNTY AND WAKE COUNTY. 

The General Assembly of North Carolina do enact: 

Section 1. Chapter 17 of the Session Laws of 1965 is amended by adding 
in Section 2 of said Chapter after the word "Guilford," the words, "Vance, 
Wake,". 

Sec. 2. All laws and clauses of laws in conflict with the revisions of 
this Act are repealed. 

Sec. 3. This Act shall be in full force and effect from and after its 
ratification. 

In the General Assembly read three times and ratified, this the 31st 
day of March, 1965. 

H. B. 289 CHAPTER 151 

AN ACT RELATING TO THE "COTT INDEX SYSTEM" OF DEEDS, 
MORTGAGES, AND/OR DEEDS OF TRUST IN AND FOR PERQUI- 
MANS COUNTY. 

The General Assembly of North Carolina do enact: 

Section 1. The "Cott Index System", hereinafter called "index", whether 
one or more books, made and prepared by a former "W. P. A." project, 
of Grantors and Grantees of all deeds, mortgages, and /or deeds of trust, 
in the office of the Register of Deeds of Perquimans County, North Carolina, 
indexing said records from the beginning of said office, to some time during 
the year 1941, be accepted and that the same are hereby approved. 

Sec. 2. The said "index" shall be continued, and all instruments, such 
as deeds, mortgages, and /or deeds of trust, shall be brought up to date 
on said "index", from the cessation of said "W. P. A." project, to and in- 
cluding the present date; and after the said "index" is brought up to date, 
the Register of Deeds then holding office shall keep the same up to date in 
lieu of the old indexes now kept by him. 

Sec. 3. It is hereby made mandatory that said new "index" be brought 
up to date by the Commissioners of Perquimans County, North Carolina, 
within a period of not exceeding two (2) years, from and after the effective 
date of this Act; said Commissioners of Perquimans County, North Caro- 
lina, shall hire, or cause to be hired, all workers and personnel necessary 
in order to bring the said "index" up to date, and after the same has been 
accomplished, shall turn the same over to the Register of Deeds of Perqui- 
mans County then in office, with instructions that the said Register of 
Deeds keep the said "index" from that time on in lieu of the old indexes 
now kept by him. 

Sec. 4. All laws and clauses of laws in conflict with this Act are hereby 
repealed. 

Sec. 5. This Act shall become effective upon its ratification. 

In the General Assembly read three times and ratified, this the 31st 
day of March, 1965. 

199 



Ch. 152-153 1965— Session Laws 

S. B. 121 CHAPTER 152 

AN ACT TO AMEND G. S. 51-1 RELATING TO MARRIAGE CERE- 
MONIES. 

The General Assembly of North Carolina do enact: 

Section 1. G. S. 51-1 is hereby amended by adding the following words 
immediately following the word "chapter:" in line nine thereof: 

"Provided further, that marriages solemnized and witnessed by a Local 
Spiritual Assembly of the Baha'is, according to the usage of their religious 
community, shall be valid;". 

Sec. 2. All laws and clauses of laws in conflict with this Act are hereby 
repealed. 

Sec. 3. This Act shall become effective upon its ratification. 

In the General Assembly read three times and ratified, this the 1st 
day of April, 1965. 

H. B. 185 CHAPTER 153 

AN ACT TO ESTABLISH DISTRICTS FOR THE SELECTION OF 
COUNTY COMMISSIONERS OF MOORE COUNTY AND TO PRO- 
VIDE FOR STAGGERED TERMS. 

The General Assembly of North Carolina do enact: 

Section 1. The Board of Commissioners of Moore County shall be com- 
posed of five members who shall serve, except as provided in Section 3 
below, for terms of four years. 

Sec. 2. There are hereby created five districts in Moore County for 
the nomination and election of county commissioners. The districts shall 
be numbered One, Two, Three, Four and Five and shall be comprised as 
follows: 

(a) District No. One: Carthage and Greenwood Townships. 

(b) District No. Two: Bensalem and Sheffield Townships. 

(c) District No. Three: Deep River and Ritters Townships. 

(d) District No. Four: McNeills and Little River Townships. 

(e) District No. Five: Sandhills and Mineral Springs Townships. 

Sec. 3. At the primary and general election to be held in 1966 there 
shall be nominated and elected one commissioner from each district. The 
three candidates receiving the highest number of votes in the general 
election shall serve for a term of four years each. The two candidates 
receiving the next highest number of votes in the general election shall 
serve for a term of two years each. At the 1968 primary and general elec- 
tion, and quadrennially thereafter, there shall be nominated and elected 
two commissioners for the districts represented by the persons whose terms 
then expire. At the 1970 primary and general election, and quadrenially 
thereafter, there shall be nominated and elected three commissionrs for 
the districts represented by the persons whose terms then expire. 

Sec. 4. The candidates in the primary from each respective district 
shall be voted on by all of the qualified voters of Moore County, and the 
candidate from each respective district who receives the largest number 

200 






1965— Session Laws Ch. 153-154-155 

of votes shall be declared to be the nominee of his party, duly nominated 
as the candidate from said district for the general election, and said candi- 
dates shall be voted on in the general election by all of the qualified voters 
of Moore County. 

Sec. 5. Any vacancies in the Board of County Commissioners resulting 
from death, resignation, or other cause, shall be filled by appointment by 
the Clerk of Superior Court of Moore County. 

Sec. 6. The laws covering the election of county commissioners which 
are not in conflict with this Act shall be as provided in the General 
Statutes. 

Sec. 7. Chapter 252 of the Public-Local Laws of 1931 and Section 1 
of Chapter 596 of the Session Laws of 1957 and all other laws and clauses 
of laws in conflict with the provisions of this Act are hereby repealed. 

Sec. 8. This Act shall become effective upon its ratification. 

In the General Assembly read three times and ratified, this the 1st 
day of April, 1965. 

H. B. 368 CHAPTER 154 

AN ACT TO AMEND G. S. 163-175, RELATING TO THE MARKING OF 
BALLOTS IN MUNICIPAL ELECTIONS IN THE TOWN OF ROBER- 
SONVILLE, MARTIN COUNTY. 

The General Assembly of North Carolina do enact: 

Section 1. Subsection (6) of G. S. 163-175, as it appears in the 1964 
Replacement Volume 3D of the General Statutes, is amended by adding at 
the end thereof the following: "This subsection shall apply to municipal 
primary elections in the Town of Robersonville, Martin County." 

Sec. 2. All laws and clauses of laws in conflict with this Act are hereby 
repealed. 

Sec. 3. This Act shall be in full force and effect from and after its 
ratification. 

In the General Assembly read three times and ratified, this the 1st 
day of April, 1965. 

S. B. 83 CHAPTER 155 

AN ACT TO AUTHORIZE THE BOARD OF TRUSTEES OF CHARLOTTE 
COMMUNITY COLLEGE SYSTEM TO EXPEND CAPITAL IMPROVE- 
MENT FUNDS WHICH WERE APPROPRIATED TO MECKLENBURG 
COLLEGE IN 1963 FOR CAPITAL IMPROVEMENTS ON THE 
CAMPUS OF CHARLOTTE COMMUNITY COLLEGE SYSTEM. 

WHEREAS, the 1963 General Assembly appropriated in the Capital Im- 
provement Appropriation Bill (Chapter 684, Session Laws of 1963) the 
sum of two hundred fifty-five thousand dollars ($255,000.00) to Mecklenburg 
College for construction of a Library Building, a Classroom Building and 
a Student Services Building, the said two hundred fifty-five thousand 
dollars ($255,000.00) to be matched from local funds; and 

201 



Ch. 155-156 1965— Session Laws 

WHEREAS, the Mecklenburg College site, as it existed at the time of 
the 1963 appropriation, has been found inadequate, and a more useful and 
practical site has been secured in the City of Charlotte, and it is now the 
expressed intention of the Board of Trustees of Charlotte Community Col- 
lege System to combine all facilities of the system on one campus, and 
to construct the buildings for which the 1963 appropriation was made upon 
this campus in the City of Charlotte: Now, therefore, 

The General Assembly of North Carolina do enact: 

Section 1. The Board of Trustees of the Charlotte Community College 
System is hereby authorized and empowered to expend, in accordance with 
the applicable regulations of the Board of Education and the Board of 
Higher Education, the appropriation of two hundred fifty-five thousand 
dollars ($255,000.00) made by Section 4, Chapter 684 of the Session Laws 
of 1963 to Mecklenburg College, for the construction of a Library Building, 
a Classroom Building, and a Student Services Building, upon the campus 
of the Charlotte Community College System which is located inside the 
City of Charlotte. The said two hundred fifty-five thousand dollars ($255,- 
000.00), heretofore appropriated, is to be matched by local funds to the 
same extent as provided in the 1963 Appropriation Act. 

Sec. 2. All laws and clauses of laws in conflict with this Act are hereby 
repealed. 

Sec. 3. This Act shall be in full force and effect from and after its 
ratification. 

In the General Assembly read three times and ratified, this the 2nd 
day of April, 1965. 

H. B. 219 CHAPTER 156 

AN ACT TO AMEND G. S. 20-279.21 (b) (3) SO AS TO PARTIALLY 
DEFINE THE TERM "UNINSURED MOTOR VEHICLE" SO AS TO 
PROVIDE COVERAGE UNDER AN UNINSURED MOTORIST POL- 
ICY UPON THE INSOLVENCY OF OTHER INSURERS. 

The General Assembly of North Carolina do enact: 

Section 1. G. S. 20-279.21 (b) (3) is hereby amended by adding a new 
unnumbered paragraph at the end of the Section to read as follows: 

"Provided under this Section the term 'uninsured motor vehicle' shall 
include, but not be limited to, an insured motor vehicle where the liability 
insurer thereof is unable to make payments with respect to the legal 
liability within the limits specified therein because of insolvency." 

Sec. 2. G. S. 20-279.21 (b) (3) is further amended by adding a new 
unnumbered paragraph at the end thereof to read as follows: 

"An insurer's insolvency protection shall be applicable only to accidents 
occurring during a policy period in which its insured's uninsured motorist 
coverage is in effect where the liability insurer of the tort-feasor becomes 
insolvent within three years after such an accident. Nothing herein shall 
be construed to prevent any insurer from affording insolvency protection 
under terms and conditions more favorable to the insured than is provided 
herein." 

202 



1965 — Session Laws Ch. 156-157 

Sec. 3. G. S. 20-279.21 (b) (3) is further amended by adding a new un- 
numbered paragraph to read as follows: 

"In the event of payment to any person under the coverage required 
by this Section and subject to the terms and conditions of such coverage, 
the insurer making such payment shall, to the extent thereof, be entitled 
to the proceeds of any settlement for judgment resulting from the exercise 
of any limits of recovery of such person against any person or organization 
legally responsible for the bodily injury for which such payment is made, 
including the proceeds recoverable from the assets of the insolvent insurer." 

Sec. 4. All laws and clauses of laws in conflict with this Act are hereby 
repealed. 

Sec. 5. This Act shall become effective upon its ratification. 

In the General Assembly read three times and ratified, this the 2nd 
day of April, 1965. 

H. B. 269 CHAPTER 157 

AN ACT TO AUTHORIZE THE WELDON CITY BOARD OF EDUCA- 
TION TO CONVEY CERTAIN LANDS TO THE HISTORICAL HALI- 
FAX RESTORATION ASSOCIATION, INCORPORATED. 

THAT WHEREAS, the Historical Halifax Restoration Association, In- 
corporated, has for several years pursued a program of acquiring and re- 
storing significant historic sites and structures in the Colonial Town of 
Halifax; and 

WHEREAS, the Weldon City Board of Education owns certain lands 
hereinafter described which are necessary for the completion of the restora- 
tion of Historic Halifax; and 

WHEREAS, the Weldon City Board of Education desires to convey the 
hereinafter described premises to the Historical Halifax Restoration 
Association, Incorporated, for the restoration and preservation of this 
historic site; and 

WHEREAS, the restoration and preservation of this historic site and 
structure will benefit the Town of Halifax, County of Halifax, the entire 
surrounding area, and the State of North Carolina: Now, therefore, 

The General Assembly of North Carolina do enact: 

Section 1. The Weldon City Board of Education is hereby authorized 
and empowered to convey to the Historical Halifax Restoration Association, 
Incorporated, at private sale and without consideration, that certain tract 
or parcel of land lying and being in the Town of Halifax, Halifax Township, 
State of North Carolina, and more particularly described as follows: 

THAT tract or parcel of land lying on the North end of Main Street 
adjoining the lands of Ben Jones (colored) and others, beginning at Ben 
Jones corner on Main Street; running thence northwardly along Main 
Street 130 feet to corner; thence at right angles with said street in an 
easterly direction 162 feet; thence parallel with Main Street 130 feet in 
a southerly direction to corner; thence in a westerly direction 162 feet to 
the beginning. Being the lot formerly used by said Town of Halifax for a 

203 



Ch. 157-158 1965— Session Laws 

jail, and being the identical land conveyed by J. H. Fenner, Mayor of 
Halifax Town to Board of Education by deed of record in Book 277, at 
Page 56, Halifax County Public Registry; and being further the land con- 
veyed by the Halifax County Board of Education to the Weldon City Board 
of Education by deed dated August 5, 1957, and recorded in Book 644, at 
Page 330, Halifax County Registry. 

Sec. 2. All laws and clauses of laws in conflict with the provisions of 
this Act are hereby repealed. 

Sec. 3. This Act shall be in full force and effect from and after the 
date of its ratification. 

In the General Assembly read three times and ratified, this the 2nd 
day of April, 1965. 

H. B. 270 CHAPTER 158 

AN ACT TO AUTHORIZE THE COUNTY OF HALIFAX TO CONVEY 
CERTAIN LANDS TO THE HISTORICAL HALIFAX RESTORATION 
ASSOCIATION, INCORPORATED. 

THAT WHEREAS, the Historical Halifax Restoration Association, In- 
corporated, has for several years pursued a program of acquiring and re- 
storing significant historic sites and structures in the Colonial Town of 
Halifax; and 

WHEREAS, the County of Halifax owns certain lands hereinafter de- 
scribed which are necessary for the completion of the restoration of His- 
toric Halifax; and 

WHEREAS, the County of Halifax desires to convey the hereinafter 
described premises to the Historical Halifax Restoration Association, In- 
corporated, for the restoration and preservation of this historic site and 
structures, and 

WHEREAS, the restoration and preservation of this historic site and 
structures will benefit the Town of Halifax, County of Halifax, the entire 
surrounding area, and the State of North Carolina: Now, therefore, 

The General Assembly of North Carolina do enact: 

Section 1. The County of Halifax is hereby authorized and empowered 
to convey to the Historical Halifax Restoration Association, Incorporated, 
at private sale and without consideration, those certain tracts or parcels 
of land lying and being in the Town of Halifax, Halifax Township, State 
of North Carolina, and more particularly described as follows: 

Tract I. Being that tract of land bounded on the North by the land 
of W. R. Shaw; on the East by Main Street; on the South by Martin 
Street, and on the West by the land of W. R. Shaw, containing y 2 acre, 
more or less; being the land devised to Alexander Kay by the will of 
Mary Kay Gizzard and more particularly described by that certain deed from 
Alexander Kay to County of Halifax, dated March 18, 1940, and recorded 
in Book 498, Page 180, Halifax County Registry. 

Tract II. Beginning at an iron stake on Granville Street, said point 
being a corner between Robert Johnson and the herein described lands and 

204 



1965 — Session Laws Ch. 158-159 

running at right angles to Granville Street and along the line of Robert 
Johnson North 45 degrees 15 minutes West 160 feet to the cemetery lot; 
thence at right angles North 44 degrees 45 minutes East 265 feet to a 
street running from Main to Granville Street; thence along the said street 
160 feet to Granville Street; thence along Granville Street South 44 degrees 
45 minutes West 265 feet to the point of beginning, containing one acre, 
more or less, and being more particularly described in that certain deed 
dated June 15, 1926, by W. R. Shaw to the Highway Commission of Halifax 
County, recorded in Book 370, Page 20, Halifax County Registry. 

Tract III. Being a certain tract or parcel of land in Halifax Township, 
Halifax County, State of North Carolina, adjoining the Allen Lot and others, 
bounded as follows, viz: on the West by Main Street, on the South by St. 
Andrews Street, on the North and East by the Allen Lot, and known as the 
M. Page Lot, containing 2 acres, more or less, and being those premises 
conveyed by Joseph F. McMahon to E. L. Travis, F. H. Gregory, and T. O. 
Vaughan, Highway Commission of Halifax Township of Halifax County 
and State of North Carolina by deed dated May 1, 1914, and recorded in 
Book 258, Page 478, Halifax County Registry. 

Sec. 2. All laws and clauses of laws in conflict with the provisions of 
this Act are hereby repealed. 

Sec. 3. This Act shall be in full force and effect from and after the 
date of its ratification. 

In the General Assembly read three times and ratified, this the 2nd 
day of April, 1965. 

H. B. 285 CHAPTER 159 

AN ACT TO AMEND G. S. 152-1 SO AS TO AUTHORIZE THE BOARD 
OF COUNTY COMMISSIONERS OF IREDELL COUNTY TO AP- 
POINT ONE OR MORE ASSISTANT CORONERS. 

The General Assembly of North Carolina do enact: 

Section 1. G. S. 152-1 is hereby amended by adding a new paragraph 
at the end thereof to read as follows: 

"The Board of County Commissioners of Iredell County is hereby author- 
ized in its discretion to appoint some one or more fit and suitable person 
or persons to act as Assistant Coroners for Iredell County. The person or 
persons so appointed shall hold office at the pleasure of the Board of 
County Commissioners and shall take and subscribe to the oaths for public 
officers. He or they shall also execute an undertaking conditioned upon 
the faithful discharge of the duties of his or their office with good and 
sufficient sureties in the penal sum of two thousand dollars ($2,000.00), 
payable to the State of North Carolina and approved by the Board of 
County Commissioners. The Assistant Coroner or Coroners so appointed 
shall be vested with all of the powers and duties conferred upon the regular 
Coroner with respect to holding inquests over deceased bodies and shall 
be subject to the penalties and liabilities imposed on the Coroner. He or 
they shall serve in the absence of the Coroner of Iredell County and as 
necessary at such times as required by the Board of County Commissioners 

205 



Ch. 159-160-161 1965— Session Laws 

and shall receive such compensation for his or their services as the Board 
of County Commissioners shall determine." 

Sec. 2. This Act shall apply only to Iredell County. 

Sec. 3. All laws and clauses of laws in conflict with this Act are hereby 
repealed. 

Sec. 4. This Act shall be in full force and effect from and after its 
ratification. 

In the General Assembly read three times and ratified, this the 2nd 
day of April, 1965. 

H. B. 309 CHAPTER 160 

AN ACT TO AMEND G. S. 47-17.1 SO AS TO MAKE IT APPLICABLE 
TO CHATHAM COUNTY. 

The General Assembly of North Carolina do enact: 

Section 1. G. S. 47-17.1, as it appears in the 1963 Cumulative Supple- 
ment to Volume 2A of the General Statutes is hereby amended by inserting 
between the words "Catawba, Cherokee" the word "Chatham,". 

Sec. 2. All laws and clauses of laws in conflict with this Act are hereby 
repealed. 

Sec. 3. This Act shall be in full force and effect from and after July 
1, 1965. 

In the General Assembly read three times and ratified, this the 2nd 
day of April, 1965. 

H. B. 311 CHAPTER 161 

AN ACT TO CORRECT AND REVISE CHAPTER 743 OF THE SESSION 
LAWS OF 1963 RELATIVE TO THE DRAWING OF JURORS IN 
LEE COUNTY. 

The General Assembly of North Carolina do enact: 

Section 1. Chapter 743 of the Session Laws of 1963 is amended by re- 
vising and correcting Section 1 thereof to read as follows: 

"In Lee County at each term forty-eight (48) jurors shall be drawn 
and summoned and at each of said terms when a grand jury is to be selected 
an additional nine (9) jurors shall be drawn and summoned". 

Sec. 2. This Act shall be in full force and effect on and after its ratifica- 
tion, and shall, to all intents and purposes, relate back to and have full 
force and effect from and after the 6th day of June 1963, the effective date 
of Chapter 743 of the Session Laws of 1963. 

Sec. 3. Any and all acts of appropriate county and court officials of 
Lee County, and of jurors and grand jurors drawn and summoned, con- 
sistent with the provisions of this Act from and after the 6th day of June 
1963 to the effective date of this Act, are hereby ratified and validated as 
if said jurors and grand jurors were drawn and summoned according to law. 

Sec. 4. All laws and clauses of laws in conflict with this Act are hereby 
repealed. 

In the General Assembly read three times and ratified, this the 2nd 
day of April, 1965. 

206 



1965— Session Laws Ch. 162-163 

H. B. 313 CHAPTER 162 

AN ACT TO AMEND CHAPTER 690 OF THE SESSION LAWS OF 1963, 
BEING THE CHARTER OF THE TOWN OF BUNN. 

The General Assembly of North Carolina do enact: 

Section 1. Chapter 690 of the Session Laws of 1963 is hereby amended 
by rewriting Section 4 thereof to read as follows: 

"Sec. 4. The regular municipal election for the offices of mayor and 
four commissioners shall be held biennially on the fourth Tuesday in May 
of odd numbered years, beginning in 1965. The mayor and commissioners 
shall serve for terms of two years or until their successors are elected 
and qualified, and shall take office at 12:00 o'clock noon on Monday following 
their election. 

"The mayor and commissioners shall be elected at large by and from 
the qualified voters of the town, and all elections held hereunder shall be 
conducted in accordance with the provisions of law prescribed for municipal 
elections, except as otherwise herein provided." 

Sec. 2. All laws and clauses of laws in conflict with this Act are hereby 
repealed. 

Sec. 3. This Act shall be effective upon its ratification. 

In the General Assembly read three times and ratified, this the 2nd 
day of April, 1965. 



S. B. 28 CHAPTER 163 

AN ACT TO AMEND CHAPTER 90 OF THE GENERAL STATUTES 
RELATING TO THE PRACTICE OF DENTISTRY. 

The General Assembly of North Carolina do enact: 

Section 1. G. S. 90-29 is amended by inserting after the words "in any 
of the" and before the word "practices" in line 27, the word "clinical". 

Sec. 2. G. S. 90-29 is further amended by adding two subsections im- 
mediately following subsection (6), to be designated as subsections (7) and 
(8), and to read as follows: 

"(7) Any act or acts performed by an assistant to a licensed dentist 
when the said act or acts are authorized and permitted by and performed 
in accordance with rules and regulations promulgated by the Board. 

"(8) Any act or acts performed by a licensed dental hygienist pur- 
suant to the authority granted the same in Article 16 of this Chapter." 

Sec. 3. Subsection (2) of G. S. 90-39, as the same appears in the 1963 
Cumulative Supplement to the General Statutes, is amended by striking 
out the words and figures "eight dollars ($8.00)" and inserting in lieu 
thereof the following: "not to exceed twenty-five dollars ($25.00), which 
fee shall be annually fixed by the Board; and not later than November 30 
of each year, the Board shall give notice of the amount of the renewal fee 
to each dentist licensed to practice in the State of North Carolina." 

Sec. 4. G. S. 90-41 is amended by inserting after the words "or prac- 
tice" and before the words "or has been convicted" in line 18, the words: 

207 



Ch. 163-164-165 1965— Session Laws 

"or has wrongfully or fraudulently held himself out to be or represented 
himself to be qualified as a specialist in any branch of dentistry". 

Sec. 5. G. S. 90-43 is amended by striking out in line 4 the word "ten" 
and inserting in lieu thereof the word "twenty". 

Sec. 6. G. S. 90-40 is amended by striking out in line 4 the word and 
figure "June 30" and inserting in lieu thereof the word and figure "March 
31". 

Sec. 7. Subsection (2) of G. S. 90-231 is amended by striking out in 
said subsection the words and figures "two dollars ($2.00)" and inserting 
in lieu thereof the words and figures "five dollars ($5.00)". 

Sec. 8. All laws and clauses of laws in conflict with this Act are hereby 
repealed. 

Sec. 9. This Act shall become effective upon its ratification. 

In the General Assembly read three times and ratified, this the 5th 
day of April, 1965. 

S. B. 71 CHAPTER 164 

AN ACT TO AMEND G. S. 14-189.1 SO AS TO INCLUDE CERTAIN 
FILM AND SOUND MATERIALS AND MEDIA WITHIN THE PRO- 
HIBITION AGAINST THE DISSEMINATION OF OBSCENITY. 

The General Assembly of North Carolina do enact: 

Section 1. Subsection (a) of G. S. 14-189.1 is amended by adding a 
new subdivision (4) to read as follows: 

"(4) Exhibits, broadcasts, televises, presents, rents, leases as lessee or 
lessor, sells, delivers, or provides; or offers or agrees to exhibit, broad- 
cast, televise, present, rent, lease as lessee or lessor, sell, deliver, or to 
provide; any obscene still or motion picture, film, film strip, or projection 
slide, or sound recording, sound tape, or sound track, which is a represen- 
tation, embodiment, performance, or publication of the obscene." 

Sec. 2. All laws and clauses of laws in conflict with this Act are hereby 
repealed. 

Sec. 3. This Act shall become effective upon its ratification. 

In the General Assembly read three times and ratified, this the 5th 
day of April, 1965. 

S. B. 105 CHAPTER 165 

AN ACT TO AMEND CHAPTER 541, SESSION LAWS OF 1963, RE- 
LATING TO ALCOHOLIC BEVERAGE CONTROL STORES IN THE 
CITY OF MONROE. 

The General Assembly of North Carolina do enact: 

Section 1. Chapter 541, Session Laws of 1963, is amended by deleting 
the words "ten per cent (10%)" from line six of Section 7 and substituting 
therefor the words "not less than five per cent (5%) nor more than ten 
per cent (10%)". 

Sec. 2. Chapter 541, Session Laws of 1963, is amended by adding the 
following paragraph between the first and second paragraphs of Section 7: 

208 



1965— Session Laws Ch. 165-166 

"In addition, the City of Monroe Board of Alcoholic Control is author- 
ized, in its discretion, to expend for education as to the effects of the use 
of alcoholic beverages and for the rehabilitation of alcoholics not more 
than five per cent (5%) of its gross profits, to be determined by quarterly 
audits, but in no event shall a sum in excess of ten per cent (10%) of the 
gross profits be spent for the combined purposes of law enforcement, educa- 
tion and rehabilitation." 

Sec. 3. All laws and clauses of laws in conflict with this Act are hereby 
repealed. 

Sec. 4. This Act shall be in full force and effect upon its ratification. 

In the General Assembly read three times and ratified, this the 5th 
day of April, 1965. 

S. B. 114 CHAPTER 166 

AN ACT TO AMEND THE INSURANCE LAWS OF NORTH CAROLINA 
TO PROVIDE FOR THE SEGREGATION OF CERTAIN ACCOUNTS 
OF DOMESTIC LIFE INSURANCE COMPANIES. 

The General Assembly of North Carolina do enact: 

Section 1. Chapter 58 of the General Statutes is hereby amended by 
the addition of a new Section immediately following G. S. 58-79.1, to be 
designated G. S. 58-79.2, and to read as follows: 

"G. S. 58-79.2. Segregation of Certain Accounts by Domestic Life In- 
surance Companies. A domestic life insurance company may allocate to one 
or more separate accounts, in accordance with the terms of one or more 
written agreements, any amounts which are paid to such company in con- 
nection with a pension, retirement, or profit-sharing plan and which are to 
be applied to purchase retirement benefits and other benefits incidental 
thereto under such company's insurance or annuity policies or contracts; 
provided that, no such separate account may be created, and no funds in 
any such separate account may be used, to purchase any insurance or 
annuity policy or contract which provides for or permits retirement pay- 
ments in other than prescribed, fixed and specific dollar amounts, except 
that nothing herein shall prevent or render unlawful the voluntary payment 
by an insurance company of excess or non-guaranteed interest with respect 
to any insurance or annuity policy or contract; provided further, no pay- 
ment or contribution by any employee as such shall be allocated to any 
separate account. The income, if any, and any gains or losses, realized or 
unrealized, on each such account shall be credited to or charged against the 
amounts allocated to such account in accordance with the written agree- 
ment or agreements applicable to such account, without regard to other 
income, gains, or losses of the company. The amounts allocated to such 
accounts and the accumulations thereon shall be owned by the company, 
and the company shall not be, or hold itself out to be, a trustee in respect 
of such amounts. Amounts received by the company pursuant to one or 
more such agreements may be maintained in one or more separate accounts. 

"The amounts allocated to any such account and the accumulations 
thereon may be invested and reinvested by the company in any of the 

209 



Ch. 166-167 1965— Session Laws 

investments specified in the written agreement or agreements applicable 
to such account; provided, that not more than five per cent (5%) of the 
amounts allocated to any such account and the accumulations thereon shall 
be invested in the stocks, notes, debentures, bonds, or other securities of 
any one corporation or issuer if, at the time the investment is made, such 
account and accumulations thereon exceed two hundred fifty thousand 
dollars ($250,000.00), and no security of a subsidiary or affiliate of such 
insurance company shall be allocated to any such account. No investment in 
any such account shall be transferred to any other account or to the general 
assets of the company and no investment among the general assets of the 
company shall be transferred to any such account. 

"The investment limitations applicable to life insurance companies 
and set forth in G. S. 58-79 shall not be applicable to such separate ac- 
counts as are herein authorized." 

Sec. 2. All laws and clauses of laws in conflict with this Act are hereby 
repealed. 

Sec. 3. The provisions of this Act shall be in full force and effect from 
and after ratification. 

In the General Assembly read three times and ratified, this the 5th 
day of April, 1965. 

S. B. 140 CHAPTER 167 

AN ACT TO AUTHORIZE THE QUALIFIED VOTERS OF THE CITY OF 
ASHEBORO TO DETERMINE WHETHER OR NOT ALCOHOLIC 
BEVERAGE CONTROL STORES MAY BE OPERATED IN SAID 
CITY. 

The General Assembly of North Carolina do enact: 

Section 1. The governing body of the City of Asheboro shall, upon a 
petition to the governing body signed by at least fifteen per cent (15%) 
of the number of registered and qualified voters that voted in the election 
for the governing body in the City of Asheboro in the last election, or upon 
its own motion, order an election to be held on the question of whether or 
not Alcoholic Beverage Control Stores may be operated in said city. The 
governing body may call a special election on said question, the same to 
be held on such date as the governing body may determine. Said election 
may be called and held on a date to be fixed by the governing body as 
herein prescribed notwithstanding the nearness of date within which any 
other type of election may be held, and may be held on the same date as 
the regular biennial election of said city for the election of its officers. 
The costs of said election shall be paid from the general fund of said city. 

Sec. 2. In calling for such special election, the said governing body 
shall give at least twenty days' public notice of the same prior to the 
opening of the registration books, and said registration books shall remain 
open for eight days before such special election. A new registration of 
voters for such special election shall not be necessary and all qualified 
electors who are properly registered prior to registration for the 
special election, and those who register in said special election, shall be 

210 



1965— Session Laws Ch. 167 

entitled to vote in said election. In said election a ballot shall be used upon 
which shall be printed on separate lines for each proposition, "For City 
Alcoholic Beverage Control Stores", "Against City Alcoholic Beverage 
Control Stores". Those favoring setting up and operating Alcoholic Beverage 
Control Stores in the City of Asheboro shall mark in the voting square to 
the left of the words, "For City Alcoholic Beverage Control Stores", printed 
on the ballot, and those opposed to City Alcoholic Beverage Control Stores 
shall mark in the square to the left of the words, "Against City Alcoholic 
Beverage Control Stores". Except as otherwise herein provided, the special 
election authorized shall be conducted under the same statutes, rules and 
regulations applicable to municipal elections in the City of Asheboro. 

Sec. 3. If the operation of City Alcoholic Beverage Control Stores is 
authorized under the provisions of this Act, the Board of Aldermen of the 
City of Asheboro shall immediately create a City Board of Alcoholic Control 
to be composed of a chairman and two other members who shall be well 
known for their character, ability, and business acumen. Said board shall 
be known and designated as "The City of Asheboro Board of Alcoholic 
Control". The members and chairman of said board shall be designated 
by the mayor and governing body of the city and the member designated 
as chairman shall serve for his first term a period of three (3) years. As 
to the other members, one member shall serve for his first term a period 
of two (2) years, and the other member shall serve for his first term a 
period of one (1) year; and all terms shall begin with the date of their 
appointment. Thereafter, as the terms of the chairman and members 
expire, their successors in office shall serve for terms of three (3) years 
each, and until their successors are appointed and qualified. Any vacancy 
shall be filled by the Board of Aldermen of the city for the unexpired term. 
Compensation of the members of the said City Board of Alcoholic Control 
shall be fixed by the Board of Aldermen of the City of Asheboro. 

Sec. 4. The said City of Asheboro Board of Alcoholic Control shall have 
all the powers and duties imposed by Section 18-45 of the General Statutes 
on county boards of alcoholic control and shall be subject to the powers 
and authority of the State Board of Alcoholic Control the same as county 
boards of alcoholic control as provided in Section 13-39 of the General 
Statutes. The said City of Asheboro Board of Alcoholic Control and the 
operation of any City Alcoholic Beverage Control Stores authorized under 
the provisions of this Act shall be subject to and in pursuance with the 
provisions of Article 3 of Chapter 18 of the General Statutes of North 
Carolina except to the extent which the same may be in conflict with the 
provisions of this Act. 

Whenever the word "County" board of alcoholic control appears in said 
Article, it shall include the City of Asheboro Board of Alcoholic Control. 
The City of Asheboro Board of Alcoholic Control shall have authority to 
employ legal counsel and such other employees as it may deem wise and 
fix their compensation. 

Sec. 5. Out of the net revenue remaining after the payment of all 
costs and operating expenses, and after retaining a sufficient and proper 



211 



Ch. 167-168 1965— Session Laws 

working capital, the City of Asheboro Board of Alcoholic Control shall, 
on a quarterly basis, distribute the balance as follows: 

Randolph County Board of Education 10% 

Law Enforcement and Rehabilitation of Alcoholics 10% 

Asheboro Public Library 5% 

Randolph Hospital, Inc 5% 

Asheboro City Board of Education 15% 

City of Asheboro General Fund 55% 

Sec. 6. All laws and clauses of laws in conflict with this Act are hereby 
repealed. 

Sec. 7. This Act shall be in full force and effect from and after its 
ratification. 

In the General Assembly read three times and ratified, this the 5th 
day of April, 1965. 

S. B. 141 CHAPTER 168 

AN ACT TO AUTHORIZE THE QUALIFIED VOTERS OF THE CITY 
OF RANDLEMAN TO DETERMINE WHETHER OR NOT ALCO- 
HOLIC BEVERAGE CONTROL STORES MAY BE OPERATED IN 
SAID CITY. 

The General Assembly of North Carolina do enact: 

Section 1. The governing body of the City of Randleman shall, upon a 
petition to the governing body signed by at least fifteen per cent (15%) 
of the number of registered and qualified voters that voted in the election 
for the governing body in the City of Randleman in the last election, or 
upon its own motion, order an election to be held on the question of whether 
or not the off -premises package sale of beer and wine and Alcoholic Bev- 
erage Control Stores may be operated in said city. The governing body 
may call a special election on said question, the same to be held on such 
date as the governing body may determine. Said election may be called 
and held on a date to be fixed by the governing body as herein prescribed 
notwithstanding the nearness of date within which any other type of election 
may be held, and may be held on the same date as the regular biennial 
election of said city for the election of its officers. The costs of said election 
shall be paid from the general fund of said city. 

Sec. 2. In calling for such special election, the said governing body 
shall give at least twenty days' public notice of the same prior to the 
opening of the registration books, and said registration books shall remain 
open for eight days before such special election. A new registration of 
voters for such special election shall not be necessary and all qualified 
electors who are properly registered prior to registration for the special 
election, and those who register in said special election, shall be entitled 
to vote in said election. In said election a ballot shall be used upon which 
shall be printed on separate lines for each proposition, "For the off- 
premises package sale of beer and wine and City Alcoholic Beverage Control 
Stores", "Against the off -premises package sale of beer and wine and City 
Alcoholic Beverage Control Stores". Those favoring the off-premises pack- 

212 



1965— Session Laws Ch. 168 

age sale of beer and wine and setting up and operating Alcoholic Beverage 
Control Stores in the City of Randleman shall mark in the voting square 
to the left of the words, "For City Alcoholic Beverage Control Stores", 
printed on the ballot, and those opposed to City Alcoholic Beverage Control 
Stores shall mark in the square to the left of the words, "Against the 
off-premises package sale of beer and wine and City Alcoholic Beverage 
Control Stores". Except as otherwise herein provided, the special election 
authorized shall be conducted under the same statutes, rules and regulations 
applicable to municipal elections in the City of Randleman. 

Sec. 3. If the off-premises package sale of beer and wine and the 
operation of City Alcoholic Beverage Control Stores is authorized under 
the provisions of this Act, the Board of Aldermen of the City of Randle- 
man shall immediately create a City Board of Alcoholic Control to be 
composed of a chairman and two other members who shall be well-known 
for their character, ability, and business acumen. Said board shall be 
known and designated as "The City of Randleman Board of Alcoholic 
Control". The members and chairman of said board shall be designated 
by the mayor and governing body of the city and the member designated 
as chairman shall serve for his first term a period of three years. As to 
the other members, one member shall serve for his first term a period 
of two years, and the other member shall serve for his first term a period 
of one year; and all terms shall begin with the date of their appointment. 
Thereafter, as the terms of the chairman and members expire, their suc- 
cessors in office shall serve for terms of three years each, and until their 
successors are appointed and qualified. Any vacancy shall be filled by the 
Board of Aldermen of the city for the unexpired term. Compensation of 
the members of the said City Board of Alcoholic Control shall be fixed 
by the Board of Aldermen of the City of Randleman. 

Sec. 4. The said City of Randleman Board of Alcoholic Control shall 
have all the powers and duties imposed by Section 18-45 of the General 
Statutes on county boards of alcoholic control and shall be subject to 
the powers and authority of the State Board of Alcoholic Control the same 
as county boards of alcoholic control as provided in Section 13-39 of the 
General Statutes. The said City of Randleman Board of Alcoholic Control 
and the operation of any City Alcoholic Beverage Control Stores authorized 
under the provisions of this Act shall be subject to and in pursuance with 
the provisions of Article 3 of Chapter 18 of the General Statutes of 
North Carolina except to the extent which the same may be in conflict 
with the provisions of this Act. 

Whenever the word "county" board of alcoholic control appears in said 
Article, it shall include the City of Randleman Board of Alcoholic Control. 
The City of Randleman Board of Alcoholic Control shall have authority 
to employ legal counsel and such other employees as it may deem wise 
and fix their compensation. 

Sec. 5. Out of the net revenue remaining after the payment of all costs 
and operating expenses, and after retaining a sufficient and proper working 
capital, the City of Randleman Board of Alcoholic Control shall, on a 
quarterly basis, distribute the balance as follows: 

213 



Ch. 168-169-170 1965— Session Laws 

Randolph County Board of Education 15% 

Law Enforcement and Rehabilitation of Alcoholics 5% 

Randolph Hospital, Inc 5% 

City of Randleman Recreation Program 5% 

City of Randleman General Fund 70% 

Total 100% 

Sec. 6. All laws and clauses of laws in conflict with this Act are hereby 

repealed. 

Sec. 7. This Act shall be in full force and effect from and after its 

ratification. 

In the General Assembly read three times and ratified, this the 5th 

day of April, 1965. 

H. B. 94 CHAPTER 169 

AN ACT TO AMEND G. S. 138-5 SO AS TO INCREASE PER DIEM 
AND ALLOWANCES OF STATE BOARDS, ETC. 

The General Assembly of North Carolina do enact: 

Section 1. G. S. 138-5 (b) (3) is hereby amended by rewriting the 
Section to read as follows: 

"G. S. 138-5 (b) (3) For subsistence, the actual amount expended for 
room, meals, and reasonable gratuities, not to exceed a total of twenty 
dollars ($20.00) per day when traveling in or out of the State: Provided, 
that subject to the approval of the Director of the Budget, members who 
attend meetings of boards, commissions and committees held in their home 
communities shall be allowed subsistence reimbursement for meals on the 
days they attend such meetings;". 

Sec. 2. All laws and clauses of laws in conflict with this Act are hereby 
repealed. 

Sec. 3. This Act shall be in full force and effect upon its ratification 
and shall be effective retroactively to February 1, 1965. 

In the General Assembly read three times and ratified, this the 5th 
day of April, 1965. 

H. B. 183 CHAPTER 170 

AN ACT TO AUTHORIZE THE BOARD OF COUNTY COMMISSIONERS 
OF MITCHELL COUNTY TO PROVIDE FOR THE MAINTENANCE 
OF THE COUNTY LIBRARY OF MITCHELL COUNTY. 

WHEREAS, in the interest of the people of Mitchell County it is con- 
sidered important that the library continue at its present level of service; 
and 

WHEREAS, funds for the continuation of the library service are in- 
adequate and should be increased in order for the citizens of Mitchell 
County to continue to enjoy the enrichment offered by the services of its 
county library: Now, therefore, 

214 



1965— Session Laws Ch. 170-171 

The General Assembly of North Carolina do enact: 

Section 1. The Board of County Commissioners of the County of 
Mitchell is hereby authorized and empowered to levy a tax not to exceed 
five cents (5<f) per one hundred dollars ($100.00) valuation for the purpose 
of accumulating a County Library Fund. 

Sec. 2. All proceeds accumulated from this tax source shall be deposited 
in a special fund to be designated the "Library Fund of Mitchell County" 
and shall be used exclusively for the maintenance and operation of the 
county library. 

Sec. 3. All laws and clauses of laws in conflict with this Act are hereby 
repealed. 

Sec. 4. This Act shall be effective upon ratification. 

In the General Assembly read three times and ratified, this the 5th 
day of April, 1965. 

H. B. 220 CHAPTER 171 

AN ACT TO AUTHORIZE THE CO-OPERATION OF THE BOARD OF 
EDUCATION OF WATAUGA COUNTY, THE BOARD OF COMMIS- 
SIONERS OF WATAUGA COUNTY AND THE BOARD OF TRUS- 
TEES OF APPALACHIAN STATE TEACHERS COLLEGE IN 
ESTABLISHING A LABORATORY OR DEMONSTRATION SCHOOL 
FOR THE PURPOSE OF TEACHER TRAINING. 

The General Assembly of North Carolina do enact: 

Section 1. As used herein, the following words are hereby defined to 
mean as set forth, unless otherwise clearly required by the context: 

(a) Board: The word "Board" shall mean the Board of Education of 
Watauga County. 

(b) Commissioners: The word "Commissioners" shall mean the Board of 
County Commissioners of Watauga County. 

(c) High School: The words "High School" shall mean the Watauga 
High School in the Watauga Administrative Unit. 

(d) College: The word "College" shall mean the Appalachian State 
Teachers College. 

(e) Trustees: The word "Trustees" shall mean the Board of Trustees of 
Appalachian State Teachers College. 

(f) President: The word "President" shall mean the President of Appa- 
lachian State Teachers College. 

Sec. 2. General Control. (1) The High School shall be constructed and 
maintained by the Board and shall be made available to the President and 
Trustees for student teaching, observation, summer school programs, and 
other educational uses which a good public secondary school program 
should provide. The College will supplement the budget for instructional 
services in the High School to the extent that funds for such services are 
secured from the State. The policy of the College in providing supplementary 
support for the present Appalachian High School will be continued in the 
High School to the extent possible under State appropriations. 

215 



Ch. 171 1965— Session Laws 

(2) The High School shall be under the general administration, super- 
vision and control of the Board and shall be an integral part of the overall 
public school system in the Watauga Administrative Unit. The admin- 
istration and control of all student teachers, graduate assistants, observation 
classes, and other educational functions directly related to the College Pro- 
gram in Teacher Education shall be shared jointly by officials of the College 
and regular administrative officials assigned to the High School. Following 
the creation of the High School District No. 9, a local school committee 
shall be appointed for the High School by the Board which shall be repre- 
sentative of each existing elementary school district. The school committee 
for High School District No. 9 shall consist of not less than five nor more 
than nine persons, and the plan of representation as to existing elementary 
school districts shall be determined in the discretion of the Board. The local 
school committee now serving the Appalachian Elementary and High 
Schools will continue to be appointed by the Board, however, following the 
creation of High School District No. 9, this committee shall serve only the 
Appalachian Elementary School. 

Sec. 3. Instructional Services. (1) The qualifications of all professional 
and other personnel shall be determined jointly by the Superintendent of 
Watauga County Schools and the President subject to the final approval by 
the Board and the Trustees. The Principal of the High School shall be 
nominated jointly by the Superintendent of Watauga County Schools and 
the President in accordance with the qualifications resulting from the de- 
terminations jointly made as herein provided, and elected by the local 
school committee, subject to final approval for contract purposes by the 
Board. 

(2) All professional and nonprofessional personnel of the High School 
shall be nominated by the Principal, approved jointly by the Superintendent 
of Watauga County Schools and the President, elected by the local school 
committee, and subject to approval for contract purposes by the Board 
in accordance with qualifications established by joint action as heretofore 
provided in this Act. Any special or regular teachers employed by the 
College to supplement the regular State allotment shall be employed and 
placed under contract by officials of the College, subject to the approval 
of the Board. 

(3) The salaries of extra personnel employed by the College and sup- 
plementary salaries paid to the regular State-allotted teachers or other 
personnel in the High School shall be paid by the College with the knowledge 
and concurrence of the Board. Teachers who are selected to work in the 
teacher education program of the College and whose salaries are to be 
supplemented by the College will be chosen by the College from among those 
duly elected to teach in this school. The assignment of all duties of person- 
nel, except those subject to joint control as set forth in Section 2 of this 
Act, regardless of source of salary, shall be made by the Principal of the 
School, subject to the approval of the Superintendent of Watauga County 
Schools. The College will continue to supplement funds for the purchase 
of instructional aids and supplies for High School according to the purposes 
of this Act, to the extent that State appropriations for such purposes permit. 

216 



1965— Session Laws Ch. 171 

Sec. 4. Operation of Plants. (1) It shall be the duty of the Board and 
the Commissioners to appropriate and make available adequate funds to 
construct, equip, maintain, and to furnish water, lights, and power to 
the High School. The High School shall be made available to the College 
during the summer months in accordance with policies and agreements 
mutually accepted by both the College and the Board. 

(2) It shall be the duty and responsibility of the Board and the Superin- 
tendent of Watauga County Schools to consult with officials of the College in 
the design and equipment of the High School for use as a laboratory school 
for the College and as a modern, up-to-date secondary school. In the event 
closed circuit television and other special teaching and learning devices are 
to be installed for use by the College, the College will provide the required 
equipment. The design of the building used by the High School will include 
necessary connections, both inside and outside the building, and will be pro- 
vided by the Board. Nothing in this Act shall preclude College from provid- 
ing funds for expansion, modernization, or improvement of the High School 
if such funds are available and such expansion meets the approval of the 
Board. 

Sec. 5. Maintenance of Plants and Grounds; Fixed Charges; Auxiliary 
Agencies; Additional Capital Improvements. (1) The Board shall assume all 
responsibility for the maintenance and upkeep of buildings and grounds 
of the High School. The High School shall be insured under the regular 
insurance program of the Board. The organization and administration of 
the High School transportation program shall be under the general super- 
vision of the Principal, Superintendent and the Board. It shall be the re- 
sponsibility of the Board to provide cafeteria, library, and other auxiliary 
services required in a modern secondary school. 

(2) It shall be the responsibility of the Board to expand the proposed 
High School whenever the need is evident and whenever funds are made 
available by the tax-levying authorities. 

Sec. 6. Disagreements Between the Two Agencies. In case of an unre- 
solved disagreement between the Board and the Trustees relative to policies 
and regulations governing the organization, supervision, and administration 
of the High School, the disagreement shall be referred to the North 
Carolina State Board of Education for decision, and the decision of the 
North Carolina State Board of Education shall be final. Either the College 
or the Board may terminate the authority granted under this Act or any 
agreements entered into pursuant to this Act upon giving twelve months' 
notice to either the College or the Board, according to which body shall 
seek termination, immediately after the close of the school year, and such 
termination shall be effective following the termination of the said twelve 
months' notice. 

Sec. 7. All laws and clauses of laws in conflict with the provisions of 
this Act are hereby repealed. 

Sec. 8. This Act shall be in full force and effect from and after its 
ratification. 

In the General Assembly read three times and ratified, this the 5th 
day of April, 1965. 

217 



Ch. 172 1965— Session Laws 

H. B. 266 CHAPTER 172 

AN ACT TO AMEND CHAPTER 82 PRIVATE LAWS OF 1901, THE 
SAME BEING THE CHARTER OF THE TOWN OF FAIRMONT, 
ROBESON COUNTY, SO AS TO ELIMINATE PRIMARY ELECTIONS, 
AND TO PROVIDE FOR THE CONDUCT OF MUNICIPAL ELEC- 
TIONS. 

The General Assembly of North Carolina do enact: 

Section 1. Chapter 149, Public, Local and Private Laws of 1919, relating 
to primary elections, is hereby repealed. 

Sec. 2. Chapter 82, Private Laws of 1901, is hereby amended by adding 
a new Section immediately after Section 3 to read as follows: 

"Sec. 3.1. Municipal Elections; Registration. Notwithstanding any other 
provisions of this Charter or any other law, the Board of Commissioners 
of the Town of Fairmont is hereby empowered and authorized, in its dis- 
cretion, to contract with the Robeson County Board of Elections for the 
use of the county registration books or for the holding of all elections in 
the municipality, or both, as herein provided. The County Board of Elections 
and the Board of Commissioners of Fairmont are authorized to enter into 
such contracts, upon such terms and conditions as may be mutually agreed, 
for the use of the county registration books, process, or records, and the 
registrars of the county, for the registration of voters and the holding of 
elections in the municipality. 

"In the event the board of commissioners, by resolution duly passed, 
elect to use the county registration books and registrars in municipal elec- 
tions, all persons duly registered in the county books, who live within the 
corporate limits, shall be entitled to vote in any election held in the munici- 
pality. The municipal registration books previously used by the town shall 
no longer be used in municipal elections and shall be impounded by the 
town clerk. The county registration books for the precincts within the town 
shall remain in the custody of the Robeson County Board of Elections. 

"Upon request of the Board of Commissioners of Fairmont, by resolution 
duly adopted, the Robeson County Board of Elections shall hold, conduct 
and supervise, in every respect, all regular and special elections in the 
municipality in accordance with the provisions of law which are applicable 
to registration of voters, and general elections in Robeson County. 

"The Town of Fairmont and the Robeson County Board of Elections 
are hereby expressly authorized to enter into contracts and agreements, 
upon such terms and conditions as may be mutually agreed, for the payment 
of any expense necessary for the purchase of new or additional materials, 
equipment, personnel, and for the holding, conducting and supervision of 
all municipal elections." 

Sec. 2. All laws and clauses of laws in conflict with this Act are hereby 
repealed. 

Sec. 3. This Act shall be in full force and effect from and after its 
ratification. 

In the General Assembly read three times and ratified, this the 5th 
day of April, 1965. 

218 






1965— Session Laws Ch. 173 

H. B. 293 CHAPTER 173 

AN ACT TO SUBMIT TO THE VOTERS OF CASWELL COUNTY THE 
QUESTION OF WHETHER THE BOARD OF COMMISSIONERS OF 
CASWELL COUNTY SHALL BE ELECTED FOR STAGGERED 
FOUR-YEAR TERMS. 

The General Assembly of North Carolina do enact: 

Section 1. Chapter 150 of the 1961 Session Laws is hereby repealed. 

Sec. 2. At the general election held in Caswell County in 1966 there 
shall be submitted to the qualified and registered voters of said county 
the question of whether the Board of Commissioners of Caswell County 
shall be elected for staggered four-year terms. Separate ballots for this 
purpose in the usual form for submitting propositions at county elections 
shall be prepared and provided to each qualified and registered voter 
voting. The proposition shall be submitted in substantially the following 
language and form: 

"Vote by marking an (X) in the square to the left of your choice: 

□ FOR electing County Commissioners for alternating four-year terms. 

□ AGAINST electing County Commissioners for alternating four-year 
terms." 

Sec. 3. Should a majority of the voters voting on the propositions sub- 
mitted as set forth in Section 2 determine that the Board of Commissioners 
of Caswell County shall be elected by the voters of the county for alternat- 
ing terms of four years, the following provisions relating thereto shall be 
applicable. 

(a) The three members of the Board of Commissioners of Caswell 
County elected at the general election in 1966 who receive the highest 
number of votes of those elected to said board shall be declared elected 
for terms of four years each, and the other two members of said board 
elected at the general election in 1966 shall be declared elected for terms 
of two years each. 

(b) At the general election in 1968 and biennially thereafter successors 
to those members of the Board of Commissioners of Caswell County whose 
terms have expired shall be elected for terms of four years each. 

Sec. 4. If a majority of the voters voting on the proposition submitted 
as set forth in Section 2 of this Act shall determine that members of the 
Board of Commissioners of Caswell County shall not be elected for 
staggered terms of four years, then Section 3 of this Act shall be null 
and void. 

Sec. 5. Nothing in this Act shall be construed to repeal or modify the 
provisions of Chapter 43 of the Session Laws of 1943 requiring the elec- 
tion of County Commissioners of Caswell County by districts. 

Sec. 6. All laws and clauses of laws in conflict with this Act are hereby 
repealed. 

Sec. 7. This Act shall be in full force and effect from and after its 
ratification. 

In the General Assembly read three times and ratified, this the 5th 
day of April, 1965. 

219 



Ch. 174 1965— Session Laws 

H. B. 294 CHAPTER 174 

AN ACT TO SUBMIT TO THE VOTERS OF CASWELL COUNTY THE 
QUESTION OF WHETHER THE MEMBERS OF THE BOARD OF 
EDUCATION OF CASWELL COUNTY SHALL BE ELECTED FOR 
STAGGERED FOUR-YEAR TERMS. 

The General Assembly of North Carolina do enact: 

Section 1. Chapter 136 of the 1961 Session Laws is hereby repealed. 

Sec. 2. At the general election held in Caswell County in 1966 there 
shall be submitted to the qualified and registered voters of said county 
the question of whether the members of the Board of Education of Caswell 
County shall be elected for staggered four-year terms. Separate ballots for 
this purpose, in the usual form for submitting propositions at county elec- 
tions, shall be prepared and provided to each qualified and registered voter 
voting. The proposition shall be submitted in substantially the following 
language and form: 

"Vote by marking an (X) in the square to the left of your choice: 

□ For electing members of the Board of Education for alternating four- 
year terms. 

□ Against electing members of the Board of Education for alternating 
four-year terms." 

Sec. 3. Should a majority of the voters voting on the propositions sub- 
mitted as set forth in Section 2 determine that the members of the Board 
of Education of Caswell County shall be elected by the voters of the county 
for alternating terms of four years, the following provisions relating thereto 
shall be applicable. 

(a) The three members of the Board of Education of Caswell County 
elected at the general election in 1966 who receive the highest number of 
votes of those elected to said Board, shall be declared elected for terms 
of four years each, and the other two members of said Board elected at the 
general election in 1966 shall be declared elected for terms of two years each. 

(b) At the general election in 1968 and biennially thereafter successors 
to those members of the Board of Education of Caswell County whose 
terms have expired shall be elected for terms of four years each. 

(c) Section 6 of Chapter 1067 of the 1949 Session Laws is hereby 
amended to conform to the staggered terms by deleting the date "1950", 
in line 2, and inserting in lieu thereof the date "1968", and by deleting the 
remainder of said paragraph immediately following the comma after the 
word "nominated", in line 5, and inserting in lieu thereof the words: "One 
candidate from each of the three districts, whose terms will expire in 1968, 
and one candidate from each of the two districts, whose terms will expire 
in 1970." 

Section 7 of Chapter 1067 of the 1949 Session Laws is hereby amended 
by striking out the date "1950", in line 8, and inserting in lieu thereof the 
date "1968", and by striking out the date "1950", in line 14, and inserting 
in lieu thereof the date "1968". 

Section 8 of Chapter 1067 of the 1949 Session Laws is hereby rewritten 
to read as follows: 

220 



1965— Session Laws Ch. 174-175 

"Sec. 8. The members of the Board of Education elected in the general 
elections in the years 1968 and 1970 shall hold office for a period of four 
years and until their successors are elected and qualified." 

Sec. 4. If a majority of the voters voting on the proposition submitted 
as set forth in Section 2 of this Act shall determine that members of the 
Board of Education of Caswell County shall not be elected for staggered 
terms of four years, then Section 3 of this Act shall be null and void. 

Sec. 5. All laws and clauses of laws in conflict with this Act are hereby 
repealed. 

Sec. 6. This Act shall be in full force and effect from and after its 
ratification. 

In the General Assembly read three times and ratified, this the 5th 
day of April, 1965. 

H. B. 295 CHAPTER 175 

AN ACT TO AITOINT CERTAIN MEMBERS OF THE BOARDS OF 
EDUCATION OF THE RESPECTIVE COUNTIES OF NORTH CARO- 
LINA AND TO FIX THEIR TERMS OF OFFICE. 

The General Assembly of North Carolina do enact: 

Section 1. That the hereinafter named persons are hereby appointed 
members of the County Boards of Education for the several counties in the 
State as follows: 

Alamance: Dr. Clinton S. Crissman for a term of six years. 

Alexander: Bill L. Mauney, Hal M. Teague, Leslie C. Millsaps, Roy 
Rogers, Herman E. Lackey, each for a term of four years. 

Alleghany: Greek Hill, F. H. Spry, each for a term of four years. 

Anson: Gene E. Tucker for a term of six years. 

Ashe: Robert Barr, Robert Goodman, J. C. Little, Howard Reeves, Urcle 
Sheets, Lionel Ballou, each for a term of two years. 

Avery: Martha Guy for a term of six years. 

Beaufort: Jasper G. Warren, W. L. Guilford, Carmer H. Wallace, Sr., 
each for a term of four years. 

Bertie: A. Judson Jilcott for a term of six years. 

Bladen: C. Rudolph Potter, R. C. Bridger, G. Sloan Council, J. Elliott 
Henry, Julian F. Keith, Jr., each for a term of two years. 

Brunswick: James Thompson, Delmas E. Babson, each for a term of 
four years. 

Buncombe: Mrs. Ben W. Davis, Morris L. McGough, each for a term 
of six years. 

Cabarrus: Stuart J. Black, H. E. Cline, each for a term of six years. 

Caldwell: Brendan L. Doll, Davis F. Tuttle, M. M. Forbes, Mrs. Oscar 
(Kate) Miller, Marcus Deal, each for a term of four years. 

Camden: W. Frank Williams, Horace Cuthrell, Larry Forbes, each for 
a term of two years. 

Carteret: Gilbert Potter, Harvey Hamilton, Jr., each for a term of six 
years; A. F. Chestnut, W. B. Allen, J. W. Johnson, each for a term of 
four years; James Paul Lewis, George Cribb, each for a term of two years. 

221 



Ch. 175 1965— Session Laws 

Catawba: H. T. Campbell, Fred H. Lytton, each for a term of six years. 

Chatham: Lewis Norwood, James L. Griffin, K. G. Clapp, A. K. Miller, 
Clifton Foushee, each for a term of two years. 

Cherokee: Noah W. Hembree, Dr. Charles O. Van Gorder, each for a 
term of six years. 

Chowan: A. F. Dowum, 0. C. Long, Jr., Eugene Jordan, each for a 
term of four years; N. J. George, Frank L. Williams, each for a term of 
two years. 

Clay: Paul Caler for a term of six years. 

Cleveland: Bobby G. Austell, Bob Cabaniss, Buford D. Cline, J. D. Ellis, 
Charles D. Forney, Jr., each for a term of two years. 

Columbus: Dr. D. E. Cook, Carl Stephens, Worth D. Williamson, E. M. 
Griffin, C. Claude Pierce, Lee V. Conner, Percy McKeithan, each for a term 
of two years. 

Craven: J. M. Miller, C. L. Powell, Robert M. Wilson, Leslie R. Sermons, 
Forrest Daugherty, Larry B. Pate, C. A. Seifert, Roger R. Bell, each for a 
term of two years. 

Cumberland: E. Bruce MacFadyen, Dr. Harold E. Maxwell, each for a 
term of four years. 

Currituck: Wilbur W. Cason, Jr., Norma R. Romm, each for a term 
of four years; L. L. Dozier, Jr., Sam W. Sanderlin, each for a term of 
two years; Charles N. Wright (at large) for a term of two years. 

Dare: Nellie G. Perry, Floyd L. Hooper, William P. Dillon, Charles T. 
Williams III, Jack W. Cahoon, each for a term of two years. 

Davidson: Willie H. Boone, Jr., Robert L. Ripple, I. Tom Johnson, each 
for a term of four years. 

Davie: G. H. C. Shutt, Mrs. Victor L. Andrews, each for a term of six 
years; M. H. Hoyle, Jr., L. W. West, each for a term of four years; W. J. 
(Jimmy) Wilson, G. R. Madison, each for a term of two years. 

Duplin: D. D. Blanchard, James Albertson, each for a term of six years. 

Edgecombe: A. F. Felton, C. W. Mayo, each for a term of six years. 

Franklin: Horace Baker, Lloyd A. West, each for a term of six years; 
Jones Winston for a term of four years. 

Gaston: Edwin Rudisill, P. R. Taylor, each for a term of six years. 

Gates: Dr. LeRoy C. Hand for a term of six years. 

Graham: 0. W. Hooper, Jr., Walt Hyde, Tony Ayers, each for a term 
of two years. 

Greene: Mrs. Sara M. Stocks, Waitman H. Dixon, Richard S. Holloman, 
W. D. Cobb, Jr., J. Denver Hughes, each for a term of two years. 

Guilford: Howard E. Carr for a term of six years. 

Halifax: Jeff Whitehead, C. H. Leggett, Jr., Mrs. J. C. Shearin, Mrs. 
A. L. Williams, A. G. Willcox, Jr., Henry L. Harrison, C. M. Moore, Jr., 
each for a term of two years. 

Harnett: J. R. Baggett, Jr., Haywood Roberts, each for a term of six 
years. 

Henderson: Robert Greer, L. C. Youngblood, each for a term of six 
years; Boyce A. Whitmire for a term of two years, to serve out the unex- 
pired term of L. L. Burgin, Sr., deceased, who in 1963 was appointed to 
a four-year term. 

222 



1965— Session Laws Ch. 175 

Hertford: E. R. "Ernie" Johnson, Ralph C. Mason, Jr., George E. Gibbs, 
each for a term of four years, and their successors each for a term of 
four years; Mrs. Gilbert Northcott and Howard Hunter each for a term of 
two years, and their successors each for a term of four years. Thereafter, 
as each term expires, the successor shall in all cases be for a term of four 
years. 

Hoke: D. R. Huff, Wilton Wood, W. L. Howell, each for a term of two 
years; Riley Jordan, Robert Gibson, each for a term of four years. 

Hyde: William I. Cochran, Earl Pugh, Walter L. Gibbs, Cecil R. Silver- 
thorne, Ray M. Spencer, each for a term of two years. 

Iredell: J. Adrian Dobson for a term of six years. 

Johnston: Norman B. Grantham, E. W. Ellis, each for a term of six 
years; Ray A. Boyette for a term of two years, completing the remaining 
two years of Mr. James Earp's (deceased) term. 

Jones: J. C. West, F. Rogers Pollock, W. E. Phillips, J. C. Wooten, Jeff 
F. Conway, each for a term of two years. 

Lee: J. B. Cameron for a term of six years. 

Lenoir: Mark Louis Smith, Earl W. Kinsey, J. Talbot Capps, Eugene 
B. Williams, Cephus A. Eubanks, each for a term of two years. 

Lincoln: Pat H. Harrill, Willie A. Hull, and Coy F. Lantz, each for 
a term of two years; J. W. Dellinger and C. Rhyne Little, each for a term 
of four years. 

Macon: W. T. Jenkins, John E. Smith, J. C. Jacobs, each for a term of 
two years. 

Madison: None. 

Martin: Howard B. Gaylord, LeRoy Harrison, each for a term of four 
years. 

McDowell: None. 

Mitchell: Brown Ferguson for a term of four years; Maloy Griffith for 
a term of six years. 

Northampton: John Heller, James Hedspeth, Clifton G. Parker, Jr., 
Scott Bowers, John Wesley Parker, Ellis Crew, W. C. Conner, each for a 
term of two years. 

Pamlico: Rufus E. Brinson, Bert C. Day, Sr., Robert F. McCotter, Lester 
B. Sadler, Alton H. Lee, Duval Hardison, Jennings B. Tingle (at large), 
each for a term of two years. 

Pasquotank: Victon B. Morgan, Garland Seth Harris, C. D. Johnston, 
Jr., Lemuel Archie Harris, Jr., each for a term of four years. 

Pender: W. D. Robbins, Ivey L. Player, each for a term of four years. 

Perquimans: John P. Danchise, Allan B. Bonner, George W. Baker, 
each for a term of four years. 

Pitt: G. E. Trevathan, T. G. Worthington, each for a term of six years. 

Polk: Hubert McEntyre, T. B. Odell, Glenn York, Edwin C. Leland, 
Arthur A. Thompson, Oliver Taylor, each for a term of two years. 

Richmond: Jack W. Land for a term of six years; James Brady for a 
term of two years. 

Robeson: Steven J. Stone, W. Albert McCormick, Jr., Thurman Anderson, 
Sr., I. J. Williams, each for a term of four years. 

223 



Ch. 175 1965— Session Laws 

Rockingham: W. Leonard Pryor, Walter T. Frye, each for a term of 
four years. 

Rowan: J. F. Harrelson, H. Lamar Trexler, each for a term of six 
years; James A. Sloan for a term of two years. 

Rutherford: Beaty L. Bass, Dorothy C. Crenshaw, A. P. (Buddy) 
Weathers, Jr., each for a term of four years. 

Sampson: Joseph M. Butler, Bynum Jackson, Lynton B. Wilson, James 
A. Ezzell, Bernice E. Lockamy, each for a term of two years. 

Stanly: Reece Bligh McSwain, Claude E. Teeter, Robert Edward Young, 
each for a term of four years. 

Stokes: J. Van Tuttle for a term of six years. 

Surry: J. Ford Cockerham, Clinton W. Mosley, each for a term of four 
years. 

Swain: C. C. Wright, Mrs. Jim Biggs, James Lee Coggins, Marshall 
Smith, Paul Marr, each for a term of two years. 

Transylvania: Robert Hunter for a term of six years. 

Tyrrell: Dan E. Davis, Joe T. Liverman, Collon Snell, each for a term 
of two years. 

Union: C. C. Burris, Lane B. Price, Bill F. Howie, Howard W. Broome, 
Jr., J. Harry Biggers, each for a term of two years. 

Warren: Dr. S. H. Massey, Jr., Robert C. Gupton, G. E. Harvey, W. 
Boyd Mayfield, Eugene R. Davis, each for a term of two years. 

Washington: Alvah W. Alexander, Jr., Joseph H. Peele, each for a term 
of four years; Gordon Chesson, Sidney J. Hassell, W. R. Owens, each 
for a term of two years. 

Watauga: Dr. Charles Davant, H. W. Mast, Jr., A. E. South, each for 
a term of two years. 

Wayne: A. Worth Aycock, Mrs. C. B. Strickland, each for a term of 
six years. 

Wilkes: Sam R. Ogilvie for a term of six years; C. Thomas Church for 
a term of two years. 

Wilson: L. C. Barnes for a term of six years. 

Yadkin: Lindbergh W. Swaim for a term of six years. 

Yancey: R. A. Radford, C. Wintz Mcintosh, Ben L. Wilson, R. B. Deyton, 
J. L. Robinson, each for a term of two years. 

Sec. 2. That the members of the several County Boards of Education 
appointed by this Act shall qualify by taking the oath of office on or before 
the first Monday in April, 1965, and shall, unless otherwise herein provided, 
hold office until the first Monday in April, 1967, and until their successors 
are elected and qualified, and together with the members of the Boards 
of Education of the several counties whose terms will not expire on the 
first Monday in April, 1965, shall constitute the Boards of Education of the 
respective counties. 

Sec. 3. All laws and clauses of laws in conflict with the provisions of 
this Act are hereby repealed. 

Sec. 4. This Act shall be in full force and effect from and after its 
ratification. 

In the General Assembly read three times and ratified, this the 5th 
day of April, 1965. 

224 



1965— Session Laws Ch. 176-177-178 

S. B. 82 CHAPTER 176 

AN ACT TO AMEND G. S. 20-166 TO EXEMPT PERSONS FROM CIVIL 
LIABILITY FOR RENDERING ASSISTANCE TO PERSONS IN- 
JURED IN MOTOR VEHICLE ACCIDENTS. 

The General Assembly of North Carolina do enact: 

Section 1. G. S. 20-166 as the same appears in the 1963 Cumulative 
Supplement to the General Statutes is hereby amended by adding thereto 
a new subsection to be designated "(d)" and to read as follows: 

"(d) Any person who renders first aid or emergency assistance at the 
scene of a motor vehicle accident on any street or highway to any person 
injured as a result of such accident, shall not be liable in civil damages 
for any acts or omissions relating to such services rendered, unless such 
acts or omissions amount to wanton conduct or intentional wrongdoing." 

Sec. 2. This Act shall not apply to causes of action arising prior to 
the effective date hereof. 

Sec. 3. All laws and clauses of laws in conflict with this Act are hereby 
repealed. 

Sec. 4. This Act shall become effective upon its ratification. 

In the General Assembly read three times and ratified, this the 6th 
day of April, 1965. 

H. B. 93 CHAPTER 177 

AN ACT TO AMEND SECTION 2-36 OF THE GENERAL STATUTES 
OF NORTH CAROLINA APPLYING TO AUTHORITY OF CLERKS 
OF THE SUPERIOR COURT TO COLLECT ADVANCE COSTS. 

The General Assembly of North Carolina do enact: 

Section 1. Section 2-36 of the General Statutes of North Carolina is 
hereby amended by adding at the last of said Section, following the words 
"Robeson Counties.", the following: "Provided, also that Section 2-29 shall 
apply to Ashe County". 

Sec. 2. All laws and clauses of laws in conflict with this Act are hereby 
repealed. 

Sec. 3. This Act shall be in full force and effect upon its ratification. 

In the General Assembly read three times and ratified, this the 6th 
day of April, 1965. 

H. B. 97 CHAPTER 178 

AN ACT TO AUTHORIZE THE BOARD OF COUNTY COMMISSIONERS 
OF BEAUFORT COUNTY TO FIX COMPENSATION OF ELECTED 
OFFICERS OF THE SAID COUNTY. 

The General Assembly of North Carolina do enact: 

Section 1. The Board of County Commissioners of Beaufort County is 
hereby authorized and empowered to fix, in their discretion, the salaries 
paid to the elected officials of the said county, provided, however, that no 

225 



Ch. 178-179-180 1965— Session Laws 

increase or decrease in the said salaries shall exceed ten per cent (10%) 
of that being paid to the respective officers as of June 7, 1965. 

Sec. 2. All laws and clauses of laws in conflict with this Act are hereby 
repealed. 

Sec. 3. This Act shall be in full force and effect from and after its 
ratification. 

In the General Assembly read three times and ratified, this the 6th 
day of April, 1965. 



H. B. 105 CHAPTER 179 

AN ACT TO AMEND G. S. 9-5 TO FIX THE COMPENSATION OF 
JURORS IN THE SUPERIOR COURT OF TYRRELL COUNTY. 

The General Assembly of North Carolina do enact: 

Section 1. G. S. 9-5, as the same appears in the 1963 Cumulative Sup- 
plement to Recompiled Volume IB of the General Statutes, is hereby 
amended by adding at the end thereof the following sentences: 

"Provided, however, that in Tyrrell County all jurors summoned for 
service in the Superior Court shall receive for their services the sum of 
seven dollars ($7.00) per day. In addition, all jurors in Tyrrell County 
shall receive a travel allowance of eight cents (8<f) per mile while coming 
to the county seat and returning home, the distance to be computed by 
the usual route of public travel; provided that this allowance shall be 
paid on the basis of one round trip per day for each day in which at- 
tendance is required." 

Sec. 2. All laws and clauses of laws in conflict with this Act are hereby 
repealed. 

Sec. 3. This Act shall be in full force and effect upon its ratification. 

In the General Assembly read three times and ratified, this the 6th 
day of April, 1965. 



H. B. 172 CHAPTER 180 

AN ACT TO AUTHORIZE THE BOARD OF COUNTY COMMISSIONERS 
OF NORTHAMPTON COUNTY TO FIX FEES CHARGED BY 
COUNTY OFFICERS. 

The General Assembly of North Carolina do enact: 

Section 1. The second paragraph of subsection 12a of G. S. 153-9 is 
hereby amended by inserting in line five following the comma after the word 
"Nash" and preceding the word "Onslow" the word and punctuation 
"Northampton,". 

Sec. 2. All laws and clauses of laws in conflict with this Act are hereby 
repealed. 

Sec. 3. This Act shall become effective upon its ratification. 

In the General Assembly read three times and ratified, this the 6th 
day of April, 1965. 

226 



1965— Session Laws Ch. 181 

H. B. 178 CHAPTER 181 

AN ACT TO AMEND G. S. 142-6 AND G. S. 142-8 RELATING TO BONDS 
AND CERTIFICATES OF THE STATE AND THE REGISTRATION 
THEREOF. 

The General Assembly of North Carolina do enact: 

Section 1. G. S. 142-6 is hereby amended to read as follows: 
"§142-6. Registration as to principal and interest, (a) If, upon the 
registration of any such bond or certificate dated prior to January 1, 1965, 
or at any time after such registration, the coupons thereto attached, evi- 
dencing all interest to be paid thereon to the date of maturity, shall be 
surrendered, such coupons shall be cancelled by the Treasurer, and he 
shall sign a statement endorsed upon such bond or certificate of the can- 
cellation of all unmatured coupons and of the fact that such bond or cer- 
tificate has been converted into a fully registered bond or certificate, and 
shall make like entry in the said register. Thereafter the interest evidenced 
by such cancelled coupons shall be paid at the time provided therein, to 
the registered owner or his legal representatives, in New York exchange, 
mailed to his address, unless he shall have requested the State Treasurer 
to pay such interest in funds current at the State Capital, which request 
shall be entered in the said register. 

"(b) If, upon the registration of any such bond or certificate dated on 
or after January 1, 1965, or at any time after such registration, the coupons 
thereto attached, evidencing all interest to be paid thereon to the date of 
maturity, shall be surrendered, such coupons shall be detached and retained 
in the custody of the State Treasurer, and the State Treasurer shall endorse 
upon such bond or certificate the fact that such bond or certificate has 
been converted into a fully registered bond or certificate, and shall make 
like entry in said register. Thereafter the interest evidenced by such de- 
tached coupons shall be paid at the times provided therein to the registered 
owner or his legal representatives, in New York exchange, mailed to his 
address, unless he shall have requested the State Treasurer to pay such 
interest in funds current at the State Capital, which request shall be 
entered in said register. Any such bond or certificate, if converted into a 
bond or certificate registered as to both principal and interest, may be 
reconverted at the expense of the registered owner into a coupon bond or 
certificate upon presentation thereof to the State Treasurer, accompanied 
by an instrument duly executed by the registered owner or his legal repre- 
sentatives in such form as shall be satisfactory to the State Treasurer; 
upon any such reconversion the State Treasurer shall re-attach thereto 
the coupons representing the interest to become due thereafter on such 
bond or certificate to the date of maturity and shall make notation upon 
such bond or certificate whether such bond or certificate is registered as 
to principal alone or is payable to bearer, and shall make like entry in 
said register and he shall cancel any detached coupons retained by him rep- 
resenting interest that has been paid." 



227 



Ch. 181-182-183 1965— Session Laws 

Sec. 2. G. S. 142-8 is hereby amended to read as follows: 

"§142-8. Application of Sections 142-1 to 142-9. Sections 142-1 to 142-9, 
both inclusive, as amended, shall be applicable to all bonds or certificates 
of the State heretofore issued and now outstanding, and to all bonds or 
certificates of the State that may hereafter be issued in accordance with 
any law now in force or hereafter to be enacted." 

Sec. 3. All laws and clauses of laws in conflict with the provisions of 
this Act are hereby repealed. 

Sec. 4. This Act shall be in full force and effect from and after its 
ratification. 

In the General Assembly read three times and ratified, this the 6th 
day of April, 1965. 

H. B. 184 CHAPTER 182 

AN ACT TO AMEND CHAPTER 495, SESSION LAWS OF 1947, RELAT- 
ING TO COMPENSATION OF JURORS IN MITCHELL COUNTY. 

The General Assembly of North Carolina do enact: 

Section 1. Chapter 495, Session Laws of 1947, is hereby amended by 
rewriting Section 5 thereof to read as follows: 

"Sec. 5. The County Commissioners of Mitchell County are hereby 
authorized, empowered and directed to pay all regular jurors in the Superior 
Court the sum of seven dollars ($7.00) per day and a travel allowance of 
seven cents (7<f) per mile over the usual route of travel coming to the 
county seat and returning home for each day's service attending court or 
performing the duties for which they are summoned. All tales jurors shall 
receive only the sum of six dollars ($6.00) per day for each day's service." 

Sec. 2. All laws and clauses of laws in conflict with this Act are hereby 
repealed. 

Sec. 3. This Act shall become effective upon its ratification. 

In the General Assembly read three times and ratified, this the 6th 
day of April, 1965. 

H. B. 215 CHAPTER 183 

AN ACT TO AMEND ARTICLE 10, CHAPTER 8 OF THE GENERAL 
STATUTES RELATING TO DEPOSITIONS. 

The General Assembly of North Carolina do enact: 

Section 1. G. S. 8-71 is hereby amended by adding a new paragraph at 
the end thereof to read as follows: 

"A copy of any deposition taken pursuant to this Article shall be fur- 
nished to the adverse party, or his counsel, without cost." 

Sec. 2. All laws and clauses of laws in conflict with this Act are hereby 
repealed. 

Sec. 3. This Act shall become effective upon its ratification. 

In the General Assembly read three times and ratified, this the 6th 
day of April, 1965. 

228 



1965— Session Laws Ch. 184-185-186 

H. B. 216 CHAPTER 184 

AN ACT TO AMEND ARTICLE 46, CHAPTER 1 OF THE GENERAL 
STATUTES RELATING TO EXAMINATIONS OF ADVERSE 
PARTIES BEFORE TRIAL. 

The General Assembly of North Carolina do enact: 

Section 1. G. S. 1-568.7 is hereby amended by adding a new subsection 
at the end thereof to read as follows: 

"(4) The Commissioner shall order the examining party, or his counsel, 
to furnish the examined party a copy of the deposition or transcript of the 
examination, without cost." 

Sec. 2. All laws and clauses of laws in conflict with this Act are hereby 
repealed. 

Sec. 3. This Act shall become effective upon its ratification. 

In the General Assembly read three times and ratified, this the 6th 
day of April, 1965. 

H. B. 241 CHAPTER 185 

AN ACT FIXING THE COMPENSATION OF JURORS IN CALDWELL 
COUNTY. 

The General Assembly of North Carolina do enact: 

Section 1. Each juror in the Superior Court in Caldwell County shall 
be paid seven dollars ($7.00) per day and reimbursement for travel expense 
at the rate currently authorized for State employees, for each mile neces- 
sarily traveled from his place of residence to the court and return, each day. 

Sec. 2. All laws and clauses of laws in conflict with this Act are hereby 
repealed. 

Sec. 3. This Act shall be in full force and effect upon its ratification. 

In the General Assembly read three times and ratified, this the 6th 
day of April, 1965. 

H. B. 282 CHAPTER 186 

AN ACT TO AUTHORIZE THE BOARD OF COUNTY COMMISSIONERS 
OF POLK COUNTY TO FIX ALL FEES INCIDENT TO THE OPERA- 
TION OF THE OFFICE OF THE REGISTER OF DEEDS OF POLK 
COUNTY. 

The General Assembly of North Carolina do enact: 

Section 1. The Board of County Commissioners of Polk County is 
authorized and empowered to fix all fees, charges and costs relating to the 
operation of the office of Register of Deeds of Polk County. 

Sec. 2. All laws and clauses of laws in conflict with this Act are hereby 
repealed. 

Sec. 3. This Act shall become effective upon its ratification. 

In the General Assembly read three times and ratified, this the 6th 
day of April, 1965. 

229 



Ch. 187-188 1965— Session Laws 

H. B. 302 CHAPTER 187 

AN ACT TO AMEND CHAPTER 96 OF THE PRIVATE LAWS OF 1913 
RELATIVE TO THE CHARTER OF THE CITY OF GASTONIA FIX- 
ING MAXIMUM COMPENSATION OF THE JUDGE AND PROSE- 
CUTING ATTORNEY OF THE MUNICIPAL COURT OF THE CITY 
OF GASTONIA. 

The General Assembly of North Carolina do enact: 

Section 1. Chapter 96 of the Private Laws of 1913 is hereby amended as 
follows : 

(a) By striking out in line ten, Section 4, the words "one thousand" 
and inserting in lieu thereof the words "ten thousand"; and by striking out 
in line fifteen, Section 20, the words "eight hundred" and inserting in lieu 
thereof the words "seven thousand". 

(b) By striking out the combination of words "board of aldermen" 
wherever they appear in Section 4 or in Section 20 and inserting in lieu 
thereof the words "City Council"; and by striking out the word "board" 
wherever it appears alone and other than in the combination of words 
"board of aldermen" in Section 4 or in Section 20 and inserting in lieu 
thereof the word "Council". 

Sec. 2. All laws and clauses of laws in conflict with this Act are hereby 
repealed. 

Sec. 3. This Act shall become effective May 5, 1965. 

In the General Assembly read three times and ratified, this the 6th 
day of April, 1965. 



H. B. 303 CHAPTER 188 

AN ACT TO AMEND G. S. 53-67 RELATING TO THE ANNUAL MEET- 
ING OF STOCKHOLDERS OF BANKS. 

The General Assembly of North Carolina do enact: 

Section 1. G. S. 53-67 is hereby amended by deleting in its entirety the 
third sentence thereof, which reads as follows: 

"The annual meeting of stockholders for the election of directors shall 
be held during the month of January of each year.", and substituting in lieu 
thereof, the following: 

"The annual meeting of stockholders for the election of directors shall 
be held at such time as may be designated by the charter or the by-laws 
of the bank but shall be held not later than the thirty-first day of March 
in each year." 

Sec. 2. All laws and clauses of laws in conflict with this Act are hereby 
repealed. 

Sec. 3. This Act shall become effective upon its ratification. 

In the General Assembly read three times and ratified, this the 6th 
day of April, 1965. 



230 



1965— Session Laws Ch. 189-190 

H B . 350 CHAPTER 189 

AN ACT TO AMEND ARTICLE 3, CHAPTER 158 OF THE GENERAL 
STATUTES SO AS TO MAKE IT APPLICABLE TO HERTFORD AND 
NORTHAMPTON COUNTIES. 

The General Assembly of North Carolina do enact: 

Section 1 G. S. 158-24 is hereby amended by inserting the word "Hert- 
ford " in line 3, between the words "Haywood, Mitchell"; and by inserting 
the word "Northampton," between the words "Mitchell, Onslow" in line 3 

thereof. . , -. 

Sec. 2. All laws and clauses of laws in conflict with this Act are hereby 

repealed. 

Sec. 3. This Act shall become effective upon its ratification. 

In the General Assembly read three times and ratified, this the 6th 
day of April, 1965. 

S. B. 62 CHAPTER 190 

AN ACT RELATING TO THE NORTH CAROLINA RURAL REHABILI- 
TATION CORPORATION. 

WHEREAS, the North Carolina Rural Rehabilitation Corporation is an 
agency of the State of North Carolina pursuant to the provisions of Chapter 
137 of the General Statutes of North Carolina; and 

WHEREAS, it is desirable and in the public interest that said corpora- 
tion be authorized to compensate the appointed members of its board of 
directors for services rendered to the corporation and to reimburse them 
for travel and subsistence expense incurred while rendering such services: 
Now, therefore, 
The General Assembly of North Carolina do enact: 

Section 1. G. S. 137-31.3 is hereby amended by striking out the third 
sentence thereof, relating to compensation of members of the board ap- 
pointed by the Governor, and inserting in lieu thereof the following: 

"The members of the board appointed by the Governor shall be entitled 
to receive from the funds of the corporation, while attending meetings of 
the board and of committees appointed or authorized by the board and while 
performing other services for the corporation, a per diem of ten dollars 
($10.00) and reimbursement for such actual necessary expenses as may be 
incurred in travel and subsistence, not in excess of that allowed by the 
General Assembly for other State agencies, but while a member is serving 
as an officer of the corporation he may be paid such reasonable salary as 
the majority of the members of the board shall from time to time determine 
in lieu of such per diem." 

Sec. 2. All laws and clauses of laws in conflict with the provisions of 
this Act are hereby repealed. 

Sec. 3. This Act shall be in full force and effect from and after its 
ratification. 

In the General Assembly read three times and ratified, this the 7th 

day of April, 1965. 

231 



Ch. 191 1965— Session Laws 

S. B. 89 CHAPTER 191 

AN ACT TO AMEND G. S. 105-327 TO REGULATE THE MEETING 
TIME OF COUNTY BOARDS OF EQUALIZATION AND REVIEW 
AND TO REQUIRE APPEALS TO AND NOTICES OF ACTION BY 
SUCH BOARD TO BE MADE IN WRITING. 

The General Assembly of North Carolina do enact: 

Section 1. G. S. 105-327 (e) is rewritten to read as follows: 

"(e) Time of Meeting. Said board shall hold its first meeting not earlier 
than the first Monday in April and not later than the first Monday in 
May following the day on which tax listing began, but it shall complete 
its duties on or before the third Monday following its first meeting: Pro- 
vided, the board shall be entitled to continue in session for a longer period 
when, in its opinion, such an extension is necessary or expedient to a 
proper execution of its responsibilities, but in no event shall said board 
sit later than July 1 except to hear and determine requests made by tax- 
payers under the provisions of subsection (g) (2), below, when such re- 
quests are made within the time prescribed by law." 

Sec. 2. G. S. 105-327 (f ) is amended by adding the following sentences 
at the end thereof: 

"The notice shall state the date on which the board expects to adjourn 
and shall carry a statement that, in the event of earlier or later adjourn- 
ment, notice to that effect will be published in the same newspaper. Should 
such a notice be required on account of earlier adjournment, it shall be 
published at least once in the newspaper in which the first notice was pub- 
lished, such publication to be at least seven days prior to the date first 
announced for adjournment. Should such notice be required on account of 
later adjournment, it shall be published at least once in the newspaper in 
which the first notice was published, such publication to be prior to the 
date first announced for adjournment." 

Sec. 3. G. S. 105-327(g) (2) is amended by adding the following sen- 
tence at the end thereof: 

"Any such request must be made in writing to or by personal appearance 
before the board prior to adjournment of the board, or within fifteen days 
after notice is mailed by the board of a change in valuation made by said 
board if the notice of change was mailed less than fifteen days prior to 
adjournment of the board." 

Sec. 4. G. S. 105-327(g) (3) is amended by adding the following pro- 
viso at the end thereof: 

"Provided further, when the board, in accordance with the provisions of 
this subsection, increases the assessment and valuation of any property, 
it shall give written notice thereof to the listing property owner at his 
last known address." 

Sec. 5. All laws and clauses of laws in conflict with this Act are hereby 
repealed. 

Sec. 6. This Act shall be in full force and effect from and after its 
ratification. 

In the General Assembly read three times and ratified, this the 7th 
day of April, 1965. 

232 



1965— Session Laws Ch. 192-193-194 

S. B. 90 CHAPTER 192 

AN ACT TO AMEND G. S. 105-387(j) RELATING TO IMMATERIAL 
IRREGULARITIES IN THE ASSESSMENT, LISTING AND COLLEC- 
TION OF PROPERTY TAXES AND TO REDESIGNATE SAID SUB- 
SECTION AS G. S. 105-397.1. 

The General Assembly of North Carolina do enact: 

Section 1. Subsection (j) of G. S. 105-387 as the same appears in 1965 
Replacement Volume 2D of the General Statutes of North Carolina is 
amended by inserting after the semicolon and before the word "any" in 
line nineteen thereof, the following: 

"failure of the board of equalization and review to meet or adjourn 
within the time prescribed by law, or to give notice of its first meeting as 
prescribed by law". 

Sec. 2. Subsection (j) of G. S. 105-387, as amended by Section 1 of 
this Act, is hereby transferred to the end of Article 28 of Chapter 105 of 
the General Statutes of North Carolina and renumbered "§105-397.1." 

Sec. 3. All laws and clauses of laws in conflict with this Act are hereby 
repealed. 

Sec. 4. This Act shall be in full force and effect from and after its 
ratification. 

In the General Assembly read three times and ratified, this the 7th 
day of April, 1965. 

H. B. 119 CHAPTER 193 

AN ACT TO AMEND G. S. 20-105, RELATING TO TEMPORARY LAR- 
CENY OF A MOTOR VEHICLE, SO AS TO INCREASE THE MAXI- 
MUM PUNISHMENT THEREFOR. 

The General Assembly of North Carolina do enact: 

Section 1. G. S. 20-105 is hereby amended by adding after the last 
sentence thereof the following: 

"A violation of this Section shall be punishable by fine, or by imprison- 
ment not exceeding two years, or both, in the discretion of the court." 

Sec. 2. All laws and clauses of laws in conflict with this Act are hereby 
repealed. 

Sec. 3. This Act shall become effective upon its ratification. 

In the General Assembly read three times and ratified, this the 7th 
day of April, 1965. 

H. B. 229 CHAPTER 194 

AN ACT SIMPLIFYING PROCEDURES FOR ADOPTING COUNTY 
ZONING ORDINANCES AND AUTHORIZING COMPENSATION FOR 
MEMBERS OF THE BOARD OF ADJUSTMENT. 

The General Assembly of North Carolina do enact: 

Section 1. Article 20B of Chapter 153 of the General Statutes of North 
Carolina, as the same appears in the 1964 Replacement Volume 3C, being 
the county zoning enabling Act, is hereby amended as follows. 

233 



Ch. 194-195 1965— Session Laws 

Sec. 2. Section 153-266.13 is amended by deleting the words "after a 
public hearing" which appear in lines two and three of the second para- 
graph thereof. 

Sec. 3. Section 153-266.14 is amended by changing the word "shall" 
to "may" in line six thereof, and by changing the word "Each" to the 
words "Any such" in line seven thereof. 

Sec. 4. Section 153-266.17 is amended by adding the following sentence 
at the end of the first paragraph thereof: "The board of commissioners 
may, if it deems such payments wise, provide for payment of any reasonable 
compensation to the members of the board of adjustment or for reimburse- 
ment of their expenses in connection with their official duties." 

Sec. 5. Should any Section, clause, or provision of this Act be declared 
by the courts to be unconstitutional or invalid for any reason, such decision 
shall not affect the validity of the Act as a whole nor any part thereof other 
than the part so declared to be unconstitutional or invalid. 

Sec. 6. All laws and clauses of laws in conflict herewith are hereby re- 
pealed to the extent of such conflict. 

Sec. 7. This Act shall become effective upon its ratification. 

In the General Assembly read three times and ratified, this the 7th 
day of April, 1965. 

H. B. 230 CHAPTER 195 

AN ACT ENABLING COUNTIES TO ENACT AND ENFORCE SUBDI- 
VISION REGULATIONS APPLYING TO PARTICULAR AREAS 
WITHIN THE COUNTY. 

The General Assembly of North Carolina do enact: 

Section 1. Section 153-266.1 of the General Statutes of North Carolina, 
as the same appears in the 1964 Replacement Volume 3C, is hereby amended 
by adding the following new paragraph at the end thereof: 

"Where the board of commissioners has determined pursuant to Section 
153-266.13 that it is not necessary to zone the entire county in order to 
serve the public interest and has designated one or more portions of the 
county as a zoning area or areas, and where zoning regulations have been 
adopted for such area or areas, the board may in its discretion elect to 
adopt and enforce subdivision regulations applying only to such area or 
areas. Any such area or areas may be regulated in the same manner as 
if the entire county was regulated, and the remainder of the county need 
not be regulated." 

Sec. 2. Should any Section, clause, or provision of this Act be declared 
by the courts to be unconstitutional or invalid for any reason, such de- 
cision shall not affect the validity of the Act as a whole nor any part thereof 
other than the part so declared to be unconstitutional or invalid. 

Sec. 3. All laws and clauses of laws in conflict herewith are hereby 
repealed to the extent of such conflict. 

Sec. 4. This Act shall become effective upon its ratification. 

In the General Assembly read three times and ratified, this the 7th 
day of April, 1965. 

234 



1965— Session Laws Ch. 196-197 

H. B. 210 CHAPTER 196 

AN ACT TO AMEND CHAPTER 413 OF THE 1963 SESSION LAWS RE- 
LATING TO THE DISTRIBUTION OF ALCOHOLIC BEVERAGE 
CONTROL PROFITS IN THE TOWN OF MORGANTON IN BURKE 
COUNTY. 

The General Assembly of North Carolina do enact: 

Section 1. Section 7 of Chapter 413 of the Session Laws of 1963 is 
hereby amended by striking from lines 25 and 26 thereof the phrase 
"Twenty-five per cent (25%) to the general fund of Burke County to be 
used for capital outlay of public schools;" and substituting in lieu thereof 
the phrase "Twenty-five per cent (25%) to the general fund of Burke 
County, and an amount equivalent to the amount paid into the general 
fund of Burke County shall be appropriated by the board of commissioners 
of said county to be used for capital outlay for public schools;". 

Sec. 2. All laws and clauses of laws in conflict with this Act are hereby 
repealed. 

Sec. 3. This Act shall be in full force and effect upon its ratification. 

In the General Assembly read three times and ratified, this the 8th 
day of April, 1965. 



H. B. 228 CHAPTER 197 

AN ACT TO PROVIDE FOR THE DIVISION OF PROFITS FROM THE 
OPERATION OF COUNTY ALCOHOLIC BEVERAGE CONTROL 
STORES IN PERSON COUNTY. 

The General Assembly of North Carolina do enact: 

Section 1. Person County is hereby authorized to divide Alcoholic Bev- 
erage Control profits paid into its General Fund under Section 18-57 of 
the General Statutes of North Carolina with the City of Roxboro in the 
following proportions: Person County, seventy per cent (70%), and the 
City of Roxboro thirty per cent (30%). 

Sec. 2. Payment according to this plan of division of profits shall be 
made quarterly by the County Auditor after the Person County Board of 
Alcoholic Beverage Control pays such profits into the Person County Gen- 
eral Fund pursuant to the provisions of Section 18-57 of the General 
Statutes of North Carolina. 

Sec. 3. All laws and clauses of laws in conflict with this Act are hereby 
repealed. 

Sec. 4. This Act shall be retroactive from January 1, 1964. 

In the General Assembly read three times and ratified, this the 8th 
day of April, 1965. 



235 



Ch. 198-199 1965— Session Laws 

H. B. 271 CHAPTER 198 

AN ACT TO AMEND CHAPTER 946 OF THE 1955 SESSION LAWS OF 
NORTH CAROLINA RELATING TO A SUPPLEMENTARY PENSION 
FUND FOR POLICEMEN IN THE CITY OF GASTONIA. 

The General Assembly of North Carolina do enact: 

Section 1. That Section 8, Chapter 946 of the 1955 Session Laws of 
North Carolina be and the said Section is hereby amended by striking out 
the words "one dollar ($1.00)" appearing therein in line four and substitut- 
ing the words "three dollars ($3.00)" in lieu of the portion so stricken. 

Sec. 2. That all laws and clauses of laws in conflict with this Act are 
hereby repealed. 

Sec. 3. That this Act shall be in full force and effect from and after its 
ratification. 

In the General Assembly read three times and ratified, this the 8th 
day of April, 1965. 

H. B. 284 CHAPTER 199 

AN ACT AUTHORIZING THE ESTABLISHMENT OF A CITY LIQUOR 
CONTROL STORE IN THE CITY OF ROCKINGHAM, RICHMOND 
COUNTY, UPON A VOTE OF THE PEOPLE AND PROVIDING FOR 
THE ALLOCATION OF THE NET PROCEEDS FROM THE OPERA- 
TION OF SUCH STORE. 

The General Assembly of North Carolina do enact: 

Section 1. The City Council of the City of Rockingham may on its own 
motion, and shall upon a petition to said council signed by at least fifteen 
per cent (15%) of the registered and qualified voters of the municipality, 
order an election to be held on the question of whether or not a city liquor 
control store may be operated in the City of Rockingham and if a majority 
of the votes cast in such election shall be for the operation of such a store, 
it shall be legal for a liquor control store to be set up and operated in said 
city, but if a majority of the votes cast in said election shall be against 
the operation of a city liquor control store, no such store shall be set up 
or operated in Rockingham under provisions of this Act. 

Sec. 2. In calling for such special liquor election, the city council shall 
give at least thirty days' public notice of the same prior to the opening 
of the registration books and said registration books shall remain open 
for the same period of time before such special liquor election as is re- 
quired by law for them to remain open for a regular municipal election 
in Rockingham. A new registration of voters for such special liquor election 
shall not be necessary and all qualified electors who are properly registered 
prior to registration for the special election and those who register in 
said special liquor election shall be entitled to vote in said election. In 
said election a ballot shall be used upon which shall be printed on separate 
lines for each proposition, "For City Liquor Control Store", "Against City 
Liquor Control Store". Those favoring setting up and operating a liquor 
store in Rockingham shall mark in the voting square to the left of the 

236 



1965 — Session Laws Ch. 199 

words "For City Liquor Control Store", printed on the ballot; and those 
opposed to a city liquor control store shall mark in the voting space to the 
left of the words "Against City Liquor Control Store". Except as other- 
wise herein provided, the special election authorized shall be conducted under 
the same statutes, rules, and regulations applicable to municipal elections 
in the City of Rockingham. 

Sec. 3. If a subsequent election shall be held, as provided in Section 1, 
and at such election a majority of the votes shall be cast "Against City 
Liquor Control Store", the city liquor control board shall, within three 
months from the canvassing of such votes and the declaration of the 
result thereof, close said store and shall thereafter cease to operate the 
same, and within said three months the city liquor control board shall 
dispose of all alcoholic beverages on hand, all fixtures, and all other property 
in the hands and under the control of said board and convert the same 
into cash and turn the same over to the general fund of the city. Thereafter, 
all Public, Public-Local and Private Laws applicable to the sale of intoxicat- 
ing beverages within said City of Rockingham, in force and effect prior to 
the authorization to operate a city liquor store, shall be in full force and 
effect the same as if such election had not been held until and unless another 
election is held under the provisions of this Act in which a majority of 
the votes shall be cast "For City Liquor Control Store". No election shall 
be called and held in the City of Rockingham under the provisions of this 
Act within three years from the holding of the last election thereunder. 
It shall be the duty of the city council to order the special liquor election 
herein authorized within sixty days after a sufficient petition has been filed 
requesting the same. But no election under this Act shall be held on the 
day of any biennial county, or City of Rockingham general election or pri- 
mary election, or within thirty days of any such election. 

Sec. 4. If the operation of a city liquor control store is authorized 
under the provisions of this Act, the Mayor and City Council of the City 
of Rockingham shall immediately create a city board of alcoholic control 
to be composed of a chairman and two other members who shall be well 
known for their character, ability, and business acumen. Said board shall 
be known and designated as "The City of Rockingham Board of Alcoholic 
Control". The chairman of said boards shall be designated by the mayor 
and governing body of the city, and shall serve for his first term a period 
of three years, and one member shall serve for his first term a period of 
two years, and the other member shall serve for a period of one year; and all 
terms shall begin with the date of their appointment, and after the said 
terms shall have expired, their successors in office shall serve for a period 
of three years. Their successors, or any vacancy occurring on the board 
shall be named or filled by the mayor and the governing body of the city. 

Sec. 5. The said City of Rockingham Board of Alcoholic Control shall 
have all of the powers and duties imposed by Section 18-45 of the General 
Statutes on county boards of alcoholic control and shall be subject to the 
powers and authority of the State Board of Alcoholic Control the same as 
county boards of alcoholic control as provided in Section 18-39 of the 
General Statutes. The said City of Rockingham Board of Alcoholic Control 

237 



Ch. 199-200 1965— Session Laws 

and the operation of any city liquor control store authorized under the 
provisions of this Act shall be subject to and in pursuance with the pro- 
visions of Article 3 of Chapter 18 of the General Statutes, except to the 
extent which the same may be in conflict with the provisions of this Act. 
Wherever the word "County" Board of Alcoholic Control appears in said 
Article, it shall include City of Rockingham Board of Alcoholic Control. 

Sec. 6. The net profits derived from stores operated under this Act, 
as determined by quarterly audits, shall be allocated by the city board of 
alcoholic control and used as herein provided: 

(a) The city board of alcoholic control shall expend not less than five 
per cent (5%) nor more than ten per cent (10%) of the net profits for 
law enforcement as authorized in G. S. 18-45(15). 

(b) Five per cent (5%) of the net profits shall be expended by the city 
board of alcoholic control, in its discretion, for education as to the effects 
of the use of alcoholic beverages, and for the rehabilitation of alcoholics. 

(c) The remaining net profits shall be paid quarterly to the General 
Fund of the City of Rockingham to be used for any proper governmental 
purposes. 

Sec. 7. All laws and clauses of laws in conflict with this Act are hereby 
repealed. 

Sec. 8. This Act shall be in full force and effect upon its ratification. 

In the General Assembly read three times and ratified, this the 8th 
day of April, 1965. 

H. B. 297 CHAPTER 200 

AN ACT TO PROVIDE FOR THE ESTABLISHMENT OF THE PERSON- 
CASWELL LAKE AUTHORITY. 

The General Assembly of North Carolina do enact: 

Section 1. The County Commissioners of Person and Caswell Counties 
are authorized and empowered to create and establish an authority to be 
known as the "Person-Caswell Lake Authority." The Authority shall consist 
of three residents of Person County selected by the Board of County Com- 
missioners of Person County and two residents of Caswell County selected 
by the Board of County Commissioners of Caswell County. Each member 
of the Authority shall serve at the pleasure of the Board of County Com- 
missioners which selected him. 

Sec. 2. Within ten days after the appointment of all of the members 
of the said Authority, the Authority shall hold its first meeting, at which 
the Authority shall elect a chairman, a vice-chairman and a secretary. The 
chairman and the vice-chairman shall be members of the Authority, but 
the secretary need not be a member of the Authority. These officers shall 
perform the duties usually pertaining to such offices and when elected shall 
serve for a period of one year, but may be re-elected. In case of vacancies 
by resignation or death, the office shall be filled by the Authority for the 
unexpired term of said officer. The Authority shall meet at such times and 
places as may be designated by its chairman and may also be called at 
such times as may be requested by any three members of the Authority. 

238 



1965— Session Laws Ch. 200 

The Authority shall adopt such other rules, regulations and bylaws govern- 
ing the operation of the Authority as it shall deem necessary. Three mem- 
bers of the Authority shall constitute a quorum for the transaction of 
business. From and after its organizational meeting, the Authority shall 
have the powers and duties herein provided, and as otherwise provided by 
law. 

Sec. 3. The Authority is authorized: 

(a) To secure by purchase, by gift or by lease such lands and waters 
within the Hyco River Watershed in Person and Caswell Counties as may, 
in the sole discretion of the Authority, be most desirable and practicable 
for public recreation in the two counties. 

(b) To recommend to the respective Boards of County Commissioners 
of Person and Caswell Counties such zoning laws within the Hyco River 
Watershed in the two counties as may in the opinion of the authority be 
most conducive to the orderly development of the area for public recrea- 
tion, giving due attention to the existing and potential agricultural, com- 
mercial and industrial interests of the area. 

(c) To construct upon any lands acquired by the Authority, by deed, by 
will, or by lease, suitable facilities for public recreation, including, but not 
limited to, roads, parking areas, and sanitary facilities, provided such con- 
struction is not in conflict with the provisions of the respective instruments 
under which the Authority may have acquired such fee or leasehold, and 
to charge reasonable fees for the use of said lands and facilities. 

(d) To lease to others, including governmental agencies, such lands as 
the Authority may acquire in fee upon such terms as to the Authority may 
be desirable not in conflict with the provisions of the respective instruments 
under which the Authority acquired its title. 

(e) To sublease to others, including governmental agencies, such lands 
as the Authority may lease from the respective owners of the fee upon such 
terms as the Authority may deem desirable not inconsistent with the pro- 
visions of the original lease or leases. 

(f) To initiate and carry out policies which will promote the develop- 
ment of the Hyco River Watershed and bodies of water within it over 
which the Authority may acquire control under the provisions of subpara- 
graph (a) above to the fullest extent possible for the benefit of the citizens 
of the two counties, of North Carolina and of the Nation. It shall advise 
and confer with the various departments, agencies, commissions and officials 
of the various interested governmental agencies which may be directly or 
indirectly concerned in the development of the resources of this area. 

(g) To employ personnel to assist in the implementation of the duties 
imposed upon it. 

(h) To recommend to the Boards of County Commissioners of Person 
and Caswell Counties the adoption of ordinances regulating the use by the 
public of the waters and lands under the supervision and control of the 
Authority and of recreation facilities established thereon. 

Upon application by the Authority, the Governor is hereby authorized 
and empowered to commission as special officers such of the employees of 
the Authority as the Authority may designate for the purpose of enforcing 

239 



Ch. 200-201 1965— Session Laws 

the laws and ordinances for the protection, preservation and government 
of the lands and waters under the supervision or control of the Authority. 
Employees so commissioned special officers as herein provided shall be 
required to give bond and to take an oath as provided for special peace 
officers under G. S. 113-28.3 and 113-28.4. Any such special officer shall 
have the right to arrest with warrant any person violating any law or 
ordinance on or relating to the waters and lands under the supervision or 
control of the Authority, and shall have the right to pursue and arrest 
without warrant any person violating in his presence any law or ordinance 
on or relating to the waters and lands under the supervision or control of 
the Authority. 

The Authority and the Boards of County Commissioners of Person and 
Caswell Counties may enter into agreements to provide for policing of the 
waters and lands under the supervision or control of the Authority by 
deputy sheriffs of the respective counties, and the Authority is authorized 
to expend its funds for such purposes. 

(i) To purchase insurance to protect against liability and losses. 

Sec. 4. The Authority shall forward to the Boards of Commissioners 
of Person and Caswell Counties copies of the minutes of each of its meetings. 

Sec. 5. The travel and subsistence expenses incurred by the members 
of the Authority shall be reimbursed by the Authority. 

Sec. 6. The Boards of County Commissioners of the Counties of Person 
and Caswell and the municipalities within said counties are authorized and 
empowered to make annual contributions to the Authority for the purpose 
of defraying the necessary expenses of operation, and the Authority is 
authorized and empowered to accept grants or donations from any inter- 
ested persons or from any State or Federal agency. 

Sec. 7. All revenues and funds received by the Authority shall be ap- 
plied to the purposes set out in the foregoing provisions of this Act. 

Sec. 8. All laws and clauses of laws in conflict with the provisions of 
this Act are hereby repealed. 

Sec. 9. This Act shall become effective upon its ratification. 

In the General Assembly read three times and ratified, this the 8th 
day of April, 1965. 

H. B. 386 CHAPTER 201 

AN ACT RELATING TO THE DISTRIBUTION OF THE NET PROFITS 
FROM THE OPERATION OF THE DARE COUNTY ALCOHOLIC 
BEVERAGE CONTROL BOARD. 

The General Assembly of North Carolina do enact: 

Section 1. All net profits derived from the operation of the Dare County 
Alcoholic Beverage Control Board shall be distributed in strict accord with 
the provisions of Section 18-57 of the General Statutes of North Carolina. 
The Board of County Commissioners of Dare County shall allocate a pro- 
portion of any or all funds received from the net profits derived from the 
operation of the Dare County Alcoholic Beverage Control Board to others, 
payable as follows: 

240 



1965— Session Laws Ch. 201-202 

A. Fifteen per cent (15%) of the total of such funds to be equally di- 
vided between the incorporated towns within Dare County specifically to wit: 

(1) The Town of Kill Devil Hills; 

(2) The Town of Manteo; and 

(3) The Town of Nags Head; 

such sums to go to the general fund of each of said incorporated towns to 
be used for any governmental purpose deemed necessary by the governing 
body of said town. 

B. Fifty per cent (50%) of the remainder of such funds to the Dare 
County Tourist Bureau to be used for publicity and promotional purposes 
in building the tourist industry of Dare County, thereby benefiting the 
economy and citizens of said county. 

Sec. 2. Section 1 of Chapter 336 of the Session Laws of 1947, Section 1 
of Chapter 1290 of the Session Laws of 1949, Section 1 of Chapter 626 
of the Session Laws of 1957, and all other laws and clauses of laws in 
conflict with this Act are hereby repealed. 

Sec. 3. This Act shall be in full force and effect from and after July 1, 
1965. 

In the General Assembly read three times and ratified, this the 8th 
day of April, 1965. 



H. B. 403 CHAPTER 202 

AN ACT TO AMEND THE CHARTER OF THE TOWN OF POLLOCKS- 
VILLE TO INCREASE THE BOARD OF COMMISSIONERS FROM 
THREE TO FIVE MEMBERS. 

The General Assembly of North Carolina do enact: 

Section 1. Section 3 of Chapter 163, Private Laws of 1911, is hereby 
amended by striking out of line two the word "three" and by inserting in 
lieu thereof the word "five". 

Sec. 2. Section 6 of Chapter 163, Private Laws of 1911, is hereby 
amended by striking out of line one the word "three" and by inserting in 
lieu thereof the word "five". 

Sec. 3. Any notice of the 1965 election, registration, or names of elec- 
tion officials heretofore posted is hereby ratified; if not heretofore posted, 
such notice shall be valid if posted not later than seven days prior to the 
date on which registration is to begin, notwithstanding the provisions of 
G. S. 160-32. 

Sec. 4. All laws and clauses of laws in conflict with the provisions of 
this Act are hereby repealed. 

Sec. 5. This Act shall be effective upon its ratification. 

In the General Assembly read three times and ratified, this the 8th 
day of April, 1965. 



241 



Ch. 203-204 1965— Session Laws 

H. B. 415 CHAPTER 203 

AN ACT TO AUTHORIZE THE TYRRELL COUNTY BOARD OF COM- 
MISSIONERS TO APPOINT AN ASSISTANT JUDGE OF RECORD- 
ER'S COURT. 

The General Assembly of North Carolina do enact: 

Section 1. The Board of County Commissioners of Tyrrell County is 
hereby authorized to appoint an Assistant Judge of the Tyrrell County Re- 
corder's Court who shall have the same powers as the regular Judge during 
such periods when the regular Judge shall, for any reason, be unable to 
fulfill the duties of his office. 

Sec. 2. The Assistant Judge appointed under this Act shall serve at 
the pleasure of the Board of Commissioners of Tyrrell County and shall 
receive for his services such compensation as shall be set by said board. 

Sec. 3. The board of county commissioners is hereby authorized to 
determine any period or periods of time during which the regular elected 
Judge shall not receive compensation due to inability to fulfill the duties 
of his office. 

Sec. 4. All laws and clauses of laws in conflict with this Act are hereby 
repealed. 

Sec. 5. This Act shall be in full force and effect upon its ratification. 

In the General Assembly read three times and ratified, this the 8th 
day of April, 1965. 

H. B. 434 CHAPTER 204 

AN ACT TO AMEND THE CITY CHARTER OF THE CITY OF RALEIGH 
TO OUTLINE THE PROCEDURE TO BE FOLLOWED IN CASE 
ONLY TWO CANDIDATES SHOULD FILE FOR A SINGLE ELEC- 
TIVE OFFICE. 

The General Assembly of North Carolina do enact: 

Section 1. That the second paragraph of Section 36 of the City Charter 
of the City of Raleigh (Chapter 1184 of the Session Laws of North Carolina, 
1949, as amended,) shall be amended to read as follows: 

"If not more than two candidates should file for the office of Judge of 
the City Court of Raleigh or other single office to be voted on, the County 
Board of Elections shall, at the expiration of the time for filing, as herein 
provided, declare said candidate or candidates to be the nominee or nomi- 
nees whose name shall appear upon the general election ballot, and shall 
declare that no primary election shall be held as to such office." 

Sec. 2. All laws and clauses of laws in conflict with this Act are 
repealed. 

Sec. 3. This Act shall be in full force and effect from and after its 
ratification. 

In the General Assembly read three times and ratified, this the 8th 
day of April, 1965. 



242 



1965— Session Laws Ch. 205-206-207 

S. B. 47 CHAPTER 205 

AN ACT TO AMEND G. S. 20-311 RELATING TO REVOCATION OF 
REGISTRATION AND SUSPENSION OF DRIVER'S LICENSE WHEN 
FINANCIAL RESPONSIBILITY IS NOT IN EFFECT. 

The General Assembly of North Carolina do enact: 

Section 1. The second sentence of G. S. 20-311, as the same appears in 
the 1963 Cumulative Supplement to Recompiled Volume 1C of the General 
Statutes of North Carolina, is hereby rewritten to read as follows: 

"In no case shall the operator's or chauffeur's license of such owner 
be reinstated nor shall any vehicle, the registration of which has been re- 
voked for failure to have financial responsibility, be re-registered in the 
name of such owner, his spouse or any child or spouse of any child of the 
owner within less than thirty (30) days after the registration plates and 
operator's or chauffeur's license have been surrendered to the Department." 

Sec. 2. All laws and clauses of laws in conflict with this Act are hereby 
repealed. 

Sec. 3. This Act shall be in full force and effect from and after its 
ratification. 

In the General Assembly read three times and ratified, this the 9th 
day of April, 1965. 

S. B. 79 CHAPTER 206 

AN ACT RELATING TO THE SALARY OF THE SHERIFF OF MECK- 
LENBURG COUNTY. 

The General Assembly of North Carolina do enact: 

Section 1. Commencing July 1, 1965, the annual salary of the Sheriff 
of Mecklenburg County shall be twelve thousand five hundred dollars 
($12,500.00). 

Sec. 2. All laws and clauses of laws in conflict with this Act are hereby 
repealed. 

Sec. 3. This Act shall be in full force and effect from and after July 
1, 1965. 

In the General Assembly read three times and ratified, this the 9th 
day of April, 1965. 

S. B. 112 CHAPTER 207 

AN ACT TO AMEND G. S. 52-12.2 SO AS TO VALIDATE CERTAIN 
CONTRACTS BETWEEN HUSBAND AND WIFE WHERE THE WIFE 
HAS NOT BEEN PRIVATELY EXAMINED. 

The General Assembly of North Carolina do enact: 

Section 1. G. S. 52-12.2 is amended by striking out in lines two and 
three the words and figures "June 10, 1957" and inserting in lieu thereof the 
words and figures "October 1, 1954". 

Sec. 2. This Act shall not affect pending litigation. 

243 



Ch. 207-208-209 1965— Session Laws 

Sec. 3. All laws and clauses of laws in conflict with this Act are hereby 
repealed. 

Sec. 4. This Act shall be in full force and effect upon its ratification. 

In the General Assembly read three times and ratified, this the 9th 
day of April, 1965. 

S. B. 123 CHAPTER 208 

AN ACT TO AMEND G. S. 160-227.1 RELATING TO SUBDIVISION REG- 
ULATIONS SO AS TO MAKE THE SAME APPLICABLE TO THE 
CITY OF KINGS MOUNTAIN IN CLEVELAND COUNTY. 

The General Assembly of North Carolina do enact: 

Section 1. G. S. 160-227.1, as the same appears in the 1964 Replacement 
Volume 3D of the General Statutes, is hereby amended by deleting the 
comma between the word "Shelby" and the word "Columbus" in the third 
line and by inserting in lieu thereof the following words and punctuation: 
"and the City of Kings Mountain,". 

Sec. 2. All laws and clauses of laws in conflict with this Act are hereby 
repealed. 

Sec. 3. This Act shall be in full force and effect from and after its 
ratification. 

In the General Assembly read three times and ratified, this the 9th 
day of April, 1965. 

S. B. 135 CHAPTER 209 

AN ACT RELATING TO THE GENERAL COUNTY COURT OF HEN- 
DERSON COUNTY. 

The General Assembly of North Carolina do enact: 

Section 1. If a vacancy occurs in the office of Judge or Solicitor of the 
General County Court of Henderson County, by death, resignation or other- 
wise, the same shall be filled by appointment by the Governor and it shall 
not be necessary for any officials or boards to make recommendations with 
respect thereto. 

Sec. 2. The existence and life of the General County Court of Hender- 
son County is herewith extended until such time as a district court or 
courts may be established in Henderson County by the General Assembly 
pursuant to Section 8 of Article 4 of the Constitution of North Carolina. 

Sec. 3. All laws and clauses of laws in conflict with this Act are hereby 
repealed. 

Sec. 4. This Act shall become effective upon its ratification. 

In the General Assembly read three times and ratified, this the 9th 
day of April, 1965. 



244 



1965— Session Laws Ch. 210-211 

S. B. 137 CHAPTER 210 

AN ACT TO AMEND CHAPTER 837 OF THE 1947 SESSION LAWS OF 
NORTH CAROLINA PERTAINING TO THE FIREMEN'S RELIEF 
FUND OF THE CITY OF CHARLOTTE IN MECKLENBURG 
COUNTY. 

The General Assembly of North Carolina do enact: 

Section 1. That Chapter 837 of the 1947 Session Laws of North Carolina 
is hereby amended by striking out the words and figures "twenty thousand 
dollars ($20,000.00)" appearing in Section 1 thereof and inserting in lieu 
thereof the words and figures "forty thousand dollars ($40,000.00)". 

Sec. 2. This Act shall apply only to the City of Chariot*.-. 

Sec. 3. All laws and clauses of laws in conflict with this Act are hereby 
repealed. 

Sec. 4. This Act shall be in full force and effect from and after its 
ratification. 

In the General Assembly read three times and ratified, this the 9th 
day of April, 1965. 



S. B. 157 CHAPTER 211 

AN ACT TO PROVIDE FOR THE ELECTION, TERMS, COMPENSATION 
AND ADDITIONAL POWERS OF THE LUMBERTON CITY BOARD 
OF EDUCATION. 

The General Assembly of North Carolina do enact: 

Section 1. The Board of Education of the Lumberton City School Ad- 
ministrative Unit shall consist of seven members. The term of office of the 
present members of the Board of Education shall expire as follows: Mrs. 
Frank P. Ward, term to expire the first Monday in July, 1967; Mr. Edward 
A. Sundy, term to expire first Monday in July, 1967; Mr. Ben G. Floyd, Jr., 
term to expire first Monday in July, 1967; Dr. Douglas H. Clark, term to 
expire first Monday in July, 1969; Mrs. Ethel T. Hayswood, term to expire 
on first Monday in July, 1969; Knox M. Barnes, term to expire first Monday 
in July, 1969; Ingram P. Hedgpeth, term to expire first Monday in July, 
1969. 

Sec. 2. At the regular municipal election, to be held in the City of 
Lumberton in May of 1967, and biennially thereafter, there shall be elected 
to the Board of Education of the Lumberton City School Administrative 
Unit the number of members necessary to take the place of the members 
of such Board whose terms next expire. All members elected in 1967, and 
biennially thereafter, shall serve for a term of four years and until their 
successors are elected and qualified. 

Sec. 3. Any qualified voter may file as a candidate for the Board of 
Education of the Lumberton City School Administrative Unit by filing a 
notice of candidacy in the same manner as presently provided for other 
City officials. All candidates shall be voted upon by all of the qualified 
voters of the City of Lumberton School Administrative Unit. 

245 



Ch. 211 1965— Session Laws 

Sec. 4. The election shall be held by the same officials and shall be 
conducted, insofar as practicable, in accordance with the provisions of 
law, rules and regulations relating to municipal elections in the City of 
Lumberton. 

Sec. 5. The boundary lines of the Lumberton City Administrative Unit 
are and shall be coterminous with the boundary line of the City of Lum- 
berton as provided in Chapter 1065 of the 1957 Session Laws of North 
Carolina. 

Sec. 6. If an elected School Board member shall fail or refuse to qualify, 
or if there is any vacancy in the office of School Board members after 
election and qualification, or if any School Board member be unable to 
discharge the duties of his office for any reason, the remaining members 
of the School Board shall elect some person to serve the unexpired term, 
or during his disability, as the case may be. School Board members so elected 
shall have all authority and powers granted to regularly elected members. 

Sec. 7. Before entering upon their offices, the members of the Board 
shall severally take an oath before the Clerk of the Superior Court of 
Robeson County, State of North Carolina, to perform faithfully the duties 
of their respective offices. 

Sec. 8. Those persons elected and qualified to serve on the Lumberton 
City Board of Education shall assume office at the first regular meeting of 
the Board in July following their election. 

Sec. 9. The members of the Board of Education of the Lumberton City 
School Administrative Unit shall at the first meeting elect one of their 
members to serve as Chairman and one member to serve as Vice Chairman 
for a term not exceeding two years and said Chairman and Vice Chairman 
shall serve until their successors are elected. The Board of Education shall 
determine its own rules and order of business, time of meetings, and shall 
keep minutes of all meetings and proceedings. 

Sec. 10. The Board of Education of the Lumberton City School Admin- 
istrative Unit shall have authority to authorize and pay reasonable expenses 
of the members of the Board, Administrative Officers, Principals, Teachers 
or other members employed for travel in the furtherance of the business 
and affairs of the school or for the purpose of promoting the best interest 
of the schools. Effective July 1, 1965, the members of the Board of Education 
of the Lumberton City School Administrative Unit shall receive the follow- 
ing compensation for their services: Chairman of Board shall receive fifteen 
dollars ($15.00) and each Board member shall receive ten dollars ($10.00) 
for attending each regular, recessed and special meeting of said Board. 

Sec. 11. The Board of Education of the Lumberton City School Admin- 
istrative Unit shall have the same powers and authority as is conveyed 
upon School Boards by Chapter 115 of the General Statutes of North 
Carolina. 

Sec. 12. The Board of Education of the Lumberton City School Ad- 
ministrative Unit shall have, in addition to all other powers possessed by 
it by virtue of any general or special act, the following powers: 

1. The Board may convey any of its real property, or any interest 
therein, for street and sidewalk purposes, or for a public thoroughfare to 

246 



1965— Session Laws Ch. 211 

the State of North Carolina or any subdivision or agency thereof, and it 
may grant an easement in any such real property for water or sewer lines, 
public utility lines, conduits or pipes of any kind, either above, below or 
on the ground, or for any other purpose that said Board shall deem ad- 
visable, if, in the Board's opinion, such easement will not interfere with 
the proper use for school purposes of the property in which such easement 
is granted. 

2. The Board may grant a license for the temporary use of any real or 
personal property of the said Board for any purpose that the Board may 
deem advisable, if in the opinion of the Board such license will not interfere 
with the proper use for school purposes. 

3. The Board may make any conveyance, easement or license authorized 
above, with or without consideration therefor, as the Board may deem ad- 
visable, and without compliance with any other law relating to the sale 
or conveyance of school property. 

4. The Board may sell any real property, title to which is vested in the 
said Board, which, in the opinion of the Board, is not needed for school 
purposes. Said sale shall be made as provided in G. S. 115-126. 

The net proceeds of the sale of any real property of said Board may 
be applied, at the discretion of the Board, to the purchase of any real or 
personal property for capital improvements, or to the school bonded in- 
debtedness for the School Administrative Unit. 

5. The Board may sell, at private sale, any personal property which in 
the opinion of said Board does not exceed one thousand dollars ($1,000.00). 
Advertisement of such sale shall not be necessary. The sale shall not be 
subject to upset bid, and such sale shall be final. The sale of any personal 
property, which in the opinion of the Board exceeds one thousand dollars 
($1,000.00), shall be made as provided by G. S. 115-126. 

The proceeds of any sale of personal property, as authorized herein, 
may be applied to any purpose the Board may direct or authorize. 

6. Any personal property, title to which is vested in the Board, may 
be exchanged for other personal property or be exchanged as part of the 
purchase price of other personal property by direction or authorization of 
the Board. 

7. When any contract shall have been awarded for any construction 
or repair work pursuant to and in accordance with the provisions of G. S. 
143-129, and, after the work has begun, the Board shall find it necessary 
or desirable and to the best interest of the schools to make any minor change 
or changes in the original plans or specifications for such work entailing 
an expenditure that would result in an increase of the original contract price 
for the work, it shall have authority to contract with the original contractor 
for the performance of the work occasioned by such change or changes in 
the plans or specifications; provided, however, the total expenditures for 
such extra work shall not exceed ten per cent (10%) of the original contract 
price, nor may such extra work vary so substantially from the original 
plans or specifications as to constitute in fact a new undertaking. 

8. Whenever the Board shall be unable to obtain a suitable site for a 
school, school building, or other school facility by gift or purchase, it may 

247 



Ch. 211-212 1965— Session Laws 

acquire title to not more than 50 acres for such purposes in the manner 
prescribed by G. S. 115-125. In like manner, the Board may acquire title to 
or an easement in such land as may be necessary for street purposes to 
afford a means of ingress and egress as between any site or sites for 
schools or school facilities and any established and main traveled street, 
road or thoroughfare, or any established or dedicated street, road or 
thoroughfare connecting with any main traveled thoroughfare. 

The fact that the land to be so acquired for a suitable site may lie 
adjacent to an existing public school site shall not be deemed an addition 
to said existing site if the purpose of its acquisition is to construct or 
erect an independent school, school building, or school facility, separate 
and apart from the school and school facility located on the previously 
existing site. 

The Board may acquire title to or an easement in land for street pur- 
poses, as herein provided, for more than one means of ingress and egress, 
but not more than three such means, which shall be of a width necessary 
to comply with all State laws, rules and regulations of the State Highway 
Commission with respect to the required width of public streets or roads, 
but not in excess thereof. 

9. Whenever it shall become necessary for the Board to proceed, as pro- 
vided in G. S. 115-125, the Clerk of the Superior Court of Robeson County 
shall be authorized and empowered to charge, as a part of the costs, a rea- 
sonable compensation for the appraisers appointed by the Court to assess 
the value of the land or easement therein so acquired, to be paid by the 
Board and not by the other parties to the proceedings except in case of 
an appeal from the Clerk of Superior Court. 

Sec. 13. The term "school facility", as used herein, shall be deemed 
to include any of the following: School buildings, together with accessory 
buildings, playgrounds, athletic fields, parking facilities, warehouses for 
storing school supplies, garages and shops for use in storing and maintain- 
ing school equipment and vehicles, right-of-way easements, property for 
the location of septic tanks, sewage lines, filter beds, and effluent lines. 

Sec. 14. All laws and clauses of laws in conflict with this Act are hereby 
repealed. 

Sec. 15. This Act shall become effective upon its ratification. 

In the General Assembly read three times and ratified, this the 9th 
day of April, 1965. 



S. B. 159 CHAPTER 212 

AN ACT TO ESTABLISH THE SALARIES OF THE CLERK OF 
SUPERIOR COURT, SHERIFF, AND REGISTER OF DEEDS OF 
WAKE COUNTY. 

The General Assembly of North Carolina do enact: 

Section 1. The annual salaries of the Clerk of Superior Court, Sheriff, 
and Register of Deeds of Wake County shall be as follows effective from 
and after July 1, 1965: 

248 



1965— Session Laws Ch. 212-213 

Clerk of Superior Court , $14,500.00 

Sheriff 12,500.00 

Register of Deeds 9,500.00 

Sec. 2. Payments of the above annual salaries shall be made in twelve 
equal monthly installments. 

Sec. 3. All laws and clauses of laws in conflict with this Act are hereby 
repealed. 

Sec. 4. This Act shall be in full force and effect from and after its 
ratification. 

In the General Assembly read three times and ratified, this the 9th 
day of April, 1965. 

H. B. 24 CHAPTER 213 

AN ACT TO AMEND ARTICLE 1 OF CHAPTER 116 OF THE GENERAL 
STATUTES OF NORTH CAROLINA PERTAINING TO THE NAME 
OR DESIGNATION OF ONE OF THE CONSTITUENT INSTITU- 
TIONS OF HIGHER EDUCATION COMPRISING THE UNIVERSITY 
OF NORTH CAROLINA. 

The General Assembly of North Carolina do enact: 

Section 1. Portions of Article 1 of Chapter 116 of the General Statutes 
of North Carolina, as the same appear in the 1963 Cumulative Supplement, 
are amended as follows: 

(1) G. S. 116-2 is amended by designating the first (unnumbered) para- 
graph thereof as subsection "(a)" and adding to said subsection (a) the 
following: 

"The said 'The University of North Carolina' shall constitute one uni- 
versity, and the only university primarily dependent for its support on the 
State of North Carolina. Without diminishing its consolidated, merged, and 
unified status, the University shall be comprised of constituent, subordi- 
nate, and component institutions and campuses of higher education which, 
for the purpose of maintaining their traditional and historical identity and 
integrity, shall be lawfully known and designated only as provided in sub- 
section (b) of this Section." 

(2) G. S. 116-2 is further amended by designating the second (un- 
numbered) paragraph thereof as subsection "(b)" and by deleting "North 
Carolina State of the University of North Carolina at Raleigh," and sub- 
stituting in lieu thereof "North Carolina State University at Raleigh,". 

(3) G. S. 116-27, G. S. 116-31, G. S. 116-32, G. S. 116-34, G. S. 116-35 
and G. S. 116-36 are amended by deleting from each "North Carolina State 
of the University of North Carolina at Raleigh" and inserting in lieu thereof 
"North Carolina State University at Raleigh". 

Sec. 2. All laws and clauses of laws in conflict with this Act are hereby 
repealed. 

Sec. 3. This Act shall become effective July 1, 1965. 

In the General Assembly read three times and ratified, this the 9th 
day of April, 1965. 

249 



Ch. 214-215 1965— Session Laws 

H. B. 40 CHAPTER 214 

AN ACT RELATING TO THE POWERS AND DUTIES OF THE UTILI- 
TIES COMMISSION WITH RESPECT TO APPLICATIONS FOR 
HEARINGS OF MOTOR CARRIERS. 

The General Assembly of North Carolina do enact: 

Section 1. G. S. 62-262(d), as the same appears in the 1963 Cumulative 
Supplement to the General Statutes, is amended by striking out in lines 
11 and 12 the word "applicant" and substituting in lieu thereof the word 
"protestant". 

Sec. 2. All laws and clauses of laws in conflict with this Act are hereby 
repealed. 

Sec. 3. This Act shall be in full force and effect upon its ratification. 

In the General Assembly read three times and ratified, this the 9th 
day of April, 1965. 



H. B. 205 CHAPTER 215 

AN ACT TO AMEND CHAPTER 669 OF THE SESSION LAWS OF 1959, 
RELATING TO THE CHARTER OF THE TOWN OF SPRAY, 
ROCKINGHAM COUNTY, NORTH CAROLINA. 

The General Assembly of North Carolina do enact: 

Section 1. Section 16 of Chapter 669 of the Session Laws of 1959 is 
hereby amended by rewriting said Section to read as follows: 

"Sec. 16. Appointment of Officers and Employees. The Board of Com- 
missioners may appoint a City Clerk, a Treasurer, a Tax Collector, an 
Accountant, a City Attorney, a Chief of Police, a Fire Chief, and such 
other officers and employees as may be necessary: Provided, that the 
Board of Commissioners may appoint one person to fill any two or more 
such positions. Such employees or officers shall serve as long as their 
services are satisfactory, or until they voluntarily sever their connections 
with the Town of Spray, and shall perform such duties as may be pre- 
scribed by the Board of Commissioners. No salaried employee of the Town 
shall be dismissed until he or she shall be given an opportunity to be 
heard in his or her behalf in an executive meeting, at which time a quorum 
of the Board of Commissioners must be present. The Board of Commis- 
sioners shall fix all salaries, prescribe bonds and require such oaths as they 
may deem necessary." 

Sec. 2. All laws and clauses of laws in conflict with this Act are hereby 
repealed. 

Sec. 3. This Act shall be in full force and effect from and after its 
ratification. 

In the General Assembly read three times and ratified, this the 9th 
day of April, 1965. 



250 



1965— Session Laws Ch. 216-217 

H. B. 254 CHAPTER 216 

AN ACT TO AUTHORIZE PAYROLL DEDUCTIONS PAYABLE TO 
FEDERALLY CHARTERED CREDIT UNIONS AS TO STATE EM- 
PLOYEES EMPLOYED IN GUILFORD COUNTY. 

The General Assembly of North Carolina do enact: 

Section 1. G. S. 147-62 is hereby amended by inserting in line 14 thereof, 
immediately following the word "Union" and before the word "may", 
the words "or any federally chartered credit union". 

Sec. 2. This Act shall apply only to employees of the State or of any 
of its institutions, departments, bureaus or commissions who are employed 
in Guilford County. 

Sec. 3. All laws and clauses of laws in conflict with this Act are hereby 

repealed. 

Sec. 4. This Act shall be in full force and effect upon its ratification. 

In the General Assembly read three times and ratified, this the 9th 
day of April, 1965. 

H. B. 292 CHAPTER 217 

AN ACT TO AMEND G. S. 160-29 CONCERNING THE REGULATION 
OF MUNICIPAL ELECTIONS AS THE SAME RELATES TO 
MUNICIPAL ELECTIONS IN THE TOWN OF VALDESE IN BURKE 
COUNTY. 

The General Assembly of North Carolina do enact: 

Section 1. G. S. 160-29, as the same appears in the 1964 Replacement 
Volume 3D of the General Statutes is amended by designating the Section 
as it presently reads as subsection "(a)" and adding a new subsection 
"(b)" to read as follows: 

"(b) (1) On the first Tuesday after the first Monday in May 1965, 
and biennially thereafter, a nonpartisan municipal election shall be held 
in the Town of Valdese for the purpose of selecting a Mayor and members 
of the Board of Commissioners as hereinafter provided. 

(2) For municipal election and other purposes, the Town of Valdese 
is hereby divided into five (5) divisions or wards designated as the First 
Ward, Second Ward, Third Ward, Fourth Ward, and Fifth Ward, and said 
wards shall be severally bounded as follows: 

First Ward. BEGINNING at a point in the city limits line, approxi- 
mately 3,907 feet from the western corner, also corner of Ward Five, 
thence with the city limits line South 73 degrees 46 minutes East 2,838 
feet to a point; thence North 16 degrees East (plus or minus) 230 feet 
to a point; thence South 81 degrees East (plus or minus) 320 feet to a 
point in the center line of South Laurel Street extended; thence with the 
center line of South Laurel Street and its extension South 21 degrees 20 
minutes West approximately 3,590 feet to the intersection of the center 
line of the Southern Railway; thence with the center line of the Southern 
Railway in a westerly direction approximately 2,650 feet to the intersection 
with the center line of Valdo Street extended; thence with the center 

251 



Ch. 217 1965— Session Laws 

line of Valdo Street extended North 21 degrees 20 minutes East approxi- 
mately 3,350 feet to the point of BEGINNING. 

Second Ward. BEGINNING at a point in the city limits line, corner of 
Ward Five; thence South 81 degrees East (plus or minus) with the city 
limits line approximately 320 feet to a point; thence South 9 degrees 
West (plus or minus) to a point in Laurel Street; thence with the city 
limit line approximately 6,280 feet on an irregular course to the center line 
of Hoyle Creek; thence up the creek approximately 8,000 feet to the 
Southern Railway; thence with the center line of the Southern Railway 
in a westerly direction approximately 3,450 feet to a point, a corner of 
Ward One and in the center line of South Laurel Street extended; thence 
with the center line of South Laurel Street extended North 21 degrees 20 
minutes East approximately 3,350 feet to the point of BEGINNING. 

Third Ward. BEGINNING at an iron pipe, the southeast point of the 
city limits; thence with the city limits line North 74 degrees 15 minutes 
West 3,795 feet to a point in a cemetery, an extension of the old Martinat 
property line; thence with the Martinat property line and extensions North 
7 degrees East approximately 1,670 feet to a point in Pine Burr Street; 
thence with said Martinat line North 17 degrees 50 minutes East 1,201 
feet to a point in the center of Southern Railway near the southwestern 
corner of the railway station; thence with the center line of the Southern 
Railway in an easterly direction approximately 5,670 feet to the city limit 
corner located in center line of Southern Railroad on East side of town; 
thence following city limit line in a southernly direction approximately 
4,800 feet to a point of BEGINNING. 

Fourth Ward. BEGINNING at a pipe the southwest corner of present 
city limits; thence with the city limit line North 8 degrees 5 minutes East 
approximately 2,780 feet to the center line of the Southern Railway; thence 
with the center line of the Southern Railway in an easterly direction ap- 
proximately 4,330 feet to a point near the southwest corner of the Southern 
Railway Station, corner of Ward Three and in the extension of old Martinat 
line extended; thence with the Martinat line South 17 degrees 50 minutes 
West approximately 1,201 feet to the center line of Pine Burr Street; 
thence with the Martinat line and extension South 7 degrees West approxi- 
mately 1,670 feet to a point in the cemetery in the city limits line; thence 
with the city limit line in a westerly direction approximately 5,900 feet to 
the point of BEGINNING. 

Fifth Ward. BEGINNING at a point the northwest corner of the city 
limits; thence with the city limit line in an easterly direction approxi- 
mately 7,520 feet to a point, corner of Ward One; thence with the line 
of Ward One and with the center of Valdo Street extended South 21 
degrees 20 minutes West approximately 3,350 feet to a point in the center 
line of the Southern Railway; thence with the center line of the Southern 
Railway in a westerly direction approximately 3,525 feet to a point in the 
city limits line; thence with the city limits line North 8 degrees 5 minutes 
East approximately 2,600 feet to the point of BEGINNING. 

The Board of Commissioners shall have authority to extend the boundary 
of any one or more of the five (5) wards described above to any area 

252 



1965— Session Laws Ch. 217 

annexed to the Town of Valdese subsequent to the date of ratification of 
this Act in the manner they deem best. 

(3) At the biennial municipal election to be held in the odd numbered 
years as required in Section 1 of this Act, the Mayor and members of the 
Board of Commissioners shall be elected in accordance with the following: 

a. The Mayor shall be elected by all the voters of the town voting at 
large to serve for a term of two (2) years or until his successor is elected 
and qualified. 

b. One (1) member of the Board of Commissioners shall be elected 
from each of the five (5) wards by all the voters of the town voting at 
large. Each candidate for the office of Commissioner shall have been a 
resident of the ward from which he is a candidate for a period of not 
less than thirty (30) days next preceding the date of the election. Members 
of the Board of Commissioners shall be elected to serve for a term of 
four (4) years or until their successors have been elected and qualified. 
Provided, however, that at the municipal election to be held on May 4, 1965, 
the Commissioners elected from the First Ward, the Second Ward and the 
Third Ward shall be elected for a term of four (4) years and the Commis- 
sioner elected from the Fourth Ward shall serve for a term of two (2) years. 
The Commissioner elected from the Fifth Ward serving on the Board of 
Commissioners upon the effective date of this Act shall continue to serve 
the term for which he was elected or until his successor is elected and 
qualified. At the municipal election to be held in May 1967, the Commissioner 
elected from the Fourth Ward and the Fifth Ward shall be elected to serve 
for a term of four (4) years or until their successors are elected and 
qualified. Thereafter, all members elected to the Board of Commissioners 
shall serve for four (4) year terms. 

c. The candidate receiving the largest number of votes for Mayor shall 
be declared elected. The candidate in each of the five (5) wards receiving 
the largest number of votes cast by all the voters of the town voting at 
large shall be declared elected Commissioner from the ward in which he 
was a candidate. 

d. Ballots for biennial municipal elections shall be printed in sufficient 
quantity in order that an adequate supply, taking into account the number 
of registered voters, can be furnished each polling place. All ballots shall, 
as far as possible, conform to the ballot prescribed in the State Australian 
Ballot Law. The ballot shall be headed 'Official Ballot, Town Election, Val- 
dese, North Carolina.' Said ballot shall under the above caption next contain 
the words 'For Mayor' with the directions thereunder 'Vote for One (1)' 
followed by the names of all the duly entered candidates for Mayor, and 
the voter shall indicate his choice for Mayor by making a cross (X) mark 
in the square to the left of the name of his choice. The ballots shall then 
contain the words 'For Commissioner' with the directions thereunder 'Vote 
For One (1) From Each Ward'. Next shall follow in numerical order a 
list of the wards from which candidates are to be elected. Immediately 
under each ward shall be listed the names of the candidates from that 
ward. A square shall be placed opposite and on the left of each name, and 
the voter shall indicate his choice for the office of Commissioner from each 

253 



Ch. 217 1965 — Session Laws 

ward by making a cross (X) mark in the square to the left of the candi- 
date's name. Next said ballot shall contains the words 'Election 

19 , properly filled in as to the date of such election. 

Next shall follow the facsimile signature of the Town Clerk followed by 
the words 'Town Clerk, Valdese, North Carolina'. 

e. The names of the various candidates for Mayor and for Commissioner 
from each ward shall be alternated on the printed ballots so as to, as 
near as may be, cause each to occupy the first, second, or other position 
on the same number of ballots to be printed. Each voter shall have the 
right to vote for one (1) candidate for Commissioner from each ward and 
one (1) candidate for the office of Mayor. Should there be marked the 
names of more than one (1) candidate for Mayor, it shall be void as a 
ballot for Mayor, or if the names be marked of more than one (1) candidate 
for Commissioner from any one or more of the five (5) wards, the said 
ballot shall be void as a ballot for Commissioner from such ward or wards. 

f. All voting precincts for all wards shall be located in the Town Hall 
unless otherwise established by the Board of Commissioners. 

g. All persons desiring to become a candidate for the office of Mayor 
or Commissioner shall not earlier than the first Tuesday after the first 
Monday in March and prior to 5:00 o'clock P. M. on the first Tuesday 
after the first Monday in April in the odd numbered years file notice of 
his intention to become a candidate with the Town Clerk and shall pay a 
filing fee as follows: 

Filing Fee for Office of Mayor $10.00 

Filing Fee for Office of Commissioner 5.00 

Provided, however, that candidates for Mayor or Commissioner in the munic- 
ipal election to be held on May 4, 1965, may file and pay the filing fee as 
set out herein on any date subsequent to the ratification of this Act and 
prior to 5:00 o'clock P. M. on April 9, 1965. In all biennial municipal elec- 
tions held subsequent to the election on May 4, 1965, the period for candi- 
dates to file for Mayor or Commissioner shall be as set out above in this 
Section. 

(4) In the event of a vacancy in the office of Mayor, the Board of 
Commissioners shall appoint one (1) of their number to fill the unexpired 
term and until his successor is elected and qualified at the biennial municipal 
election next following. In the event of a vacancy in the membership of 
the Board of Commissioners, the Board shall appoint a resident of the 
ward from which the vacancy has occurred to fill the unexpired term for 
which the Commissioner vacating the office was elected. A Commissioner 
appointed to fill an unexpired term shall serve the entire term for which 
he was appointed notwithstanding the fact that a biennial municipal election 
is held during such term. 

(5) The biennial municipal election required by this Act, municipal 
bond elections, special municipal elections, the registration of voters and 
all other matters pertaining to municipal elections in the Town of Valdese 
shall be governed by the laws of North Carolina applicable to municipal 
elections except as otherwise provided by this Act." 



254 



1965— Session Laws Ch. 217-218 

Sec. 2. Chapter 181 and Chapter 201 of the Session Laws of North 
Carolina, 1947; Chapter 220 of the Session Laws of North Carolina, 1949; 
Chapter 659 of the Session Laws of North Carolina, 1963; and all other 
laws or clauses of laws in conflict with the provisions of this Act are 
hereby repealed. 

Sec. 3. This Act shall be in full force and effect from and after its 

ratification. . 

In the General Assembly read three times and ratified, this the 9th 

day of April, 1965. 

H. B. 310 CHAPTER 218 

AN ACT TO AMEND SECTIONS 70 TO 74 INCLUSIVE OF CHAPTER 
1184 OF THE SESSION LAWS OF NORTH CAROLINA, 1949. 

The General Assembly of North Carolina do enact: 

Section 1. That Sections 70 to 74 inclusive of Chapter 1184, Session 
Laws of North Carolina, 1949, be amended to read as follows: 

"Section 70. Public Contracts and Purchases; Procedure. No construction 
or repair work or purchase of apparatus, supplies, materials or equipment 
shall be performed by the City of Raleigh unless the applicable provisions 
of Article 8 of Chapter 143 of the General Statutes of North Carolina or 
any amendment thereof shall have been complied with. 

Notwithstanding the provisions of said Article 8 or any other Act in 
the purchase of apparatus, supplies, materials or equipment for the City 
of Raleigh, any personal property owned by the City of Raleigh may be 
exchanged or traded in as a condition of such purchase, provided the ad- 
vertisement for bids shall specify the property to be exchanged or traded. 

"Section 71. Same; Reports by Department Heads of Needed Supplies 
and Equipment; Estimates and Purchases. 

(a) It shall be the duty of all department heads to furnish to the City 
Purchasing Agent, when requested by him, on forms furnished by him, 
tabulated estimates of all supplies, materials and equipment needed and 
required by each respective department for such periods in advance as may 
be designated by the City Purchasing Agent, or as prescribed by the 
City Council. 

(b) The City Purchasing Agent shall compile and consolidate all such 
estimates of supplies, materials and equipment needed and required by the 
various departments to determine the total requirements for a given com- 
modity during a fiscal year. If the total requirements for any given com- 
modity will involve an estimated expenditure equal to or more than the 
amount which may be purchased on informal bids as provided in Article 8 
of Chapter 143 of the General Statutes of North Carolina or an amendment 
thereof, the procedure prescribed by said Article shall be followed. 

(c) All purchases made and contracts executed by the City Purchasing 
Agent shall be pursuant to a written requisition from the head of the 
office, department or agency whose appropriation will be charged, and no 
contract or order shall be issued to any vendor unless and until the Director 
of Finance (City Accountant) certifies that there is to the credit of such 

255 



Ch. 218-219 1965— Session Laws 

office, department or agency a sufficient unencumbered appropriation bal- 
ance to pay for the supplies, materials, equipment or contractural services 
for which the contract or order is to be issued. 

"Section 72. Section 72 is repealed. 

"Section 73. Section 73 is repealed. 

"Section 74. Same; Contracts Contrary to Provisions of Act Made 
Void. If any contract for construction or repair work or for the purchase 
of any supplies, materials or equipment within the meaning and application 
of this Act, shall be made contrary to the provisions of this Act, such 
contract shall be void and of no effect; and in such event, the officials 
and employees of the city authorizing or making, or purporting to authorize 
or to make, any such contract or purchase, shall be personally liable for 
the costs thereof, and if such work, supplies, materials or equipment are 
so unlawfully contracted for or purchased and paid for out of city moneys, 
the amount thereof may be recovered in the name of the City of Raleigh 
in an appropriate civil action instituted therefor." 

Sec. 2. All laws and clauses of law in conflict with this Act are, to 
the extent of such conflict, repealed. 

Sec. 3. This Act shall be in full force and effect from and after its 
ratification. 

In the General Assembly read three times and ratified, this the 9th 
day of April, 1965. 

H. B. 312 CHAPTER 219 

AN ACT TO AUTHORIZE AND EMPOWER THE CITY OF SANFORD 
TO CONVEY CEMETERY PROPERTIES AND TRANSFER PER- 
PETUAL CARE TRUST FUND. 

WHEREAS, the Board of Aldermen of the City of Sanford has by 
resolution declared the desirability of discontinuing the ownership and 
operation of cemetery properties belonging to the City of Sanford and 
has, by said resolution, requested that the City of Sanford be authorized 
and empowered by law to sell and convey said cemetery properties at 
private sale, together with all improvements therein and thereupon located, 
and to transfer to the purchaser or purchasers of said properties the bene- 
ficial interest in said City in that certain trust fund for the perpetual 
care of said cemetery properties established pursuant to the provisions of 
Chapter 898 of the Session Laws of 1963: Now, therefore, 

The General Assembly of North Carolina do enact: 

Section 1. The City of Sanford is hereby authorized and empowered to 
discontinue ownership and operation of cemeteries and to sell, at private 
sale, all of the cemetery properties of the City of Sanford, together with 
all improvements therein and thereupon located. 

Sec. 2. In the event the City of Sanford shall receive an offer to pur- 
chase all of the cemetery properties presently owned and operated by the 
City of Sanford, in an amount and upon terms considered by the Board 
of Aldermen in its discretion to be fair and reasonable, the Board of Alder- 

256 



1965 — Session Laws Ch. 219-220 

men of the City of Sanford is authorized and empowered, by appropriate 
resolution, to approve such sale and the terms thereof and, when the terms 
of the sale shall have been complied with, to direct the proper execution 
and delivery by the Mayor and the City Clerk, in the name of the City of 
Sanford, of a deed in the usual form and with the usual warranties con- 
veying all of said cemetery properties to the purchaser or purchasers in 
fee simple. 

Sec. 3. The City of Sanford is hereby authorized, empowered and 
directed to transfer to the purchaser or purchasers of the aforesaid ceme- 
tery properties its beneficial interest in that certain trust fund for the 
perpetual care of cemetery properties of the City of Sanford as estab- 
lished pursuant to Chapter 898 of the Session Laws of 1963, immediately 
upon the execution and delivery of the deed referred to in Section 2 above, 
and to make such amendments to the trust agreement establishing such 
fund as will create in the purchaser or purchasers of said cemetery prop- 
erties the same duties, responsibilities, rights and privileges as were for- 
merly imposed and vested in the Sanford Cemetery Commission or in the 
City of Sanford; provided that no amendment shall be made to the trust 
agreement which will authorize reduction of the principal of the trust 
fund below one hundred thousand dollars ($100,000.00), as therein provided. 

Sec. 4. Pending the sale and conveyance of said cemetery properties of 
the City of Sanford and until the transfer of the beneficial interest of the 
City of Sanford in the aforesaid trust fund and the amendment of the 
aforesaid trust agreement as provided in Section 3 above, the Board of 
Aldermen of the City of Sanford shall have all of the duties, responsibilities, 
rights and privileges heretofore vested in the Sanford Cemetery Commission. 

Sec. 5. Chapter 435 of the Session Laws of 1949, Chapter 1088 of the 
Session Laws of 1955 and Chapter 898 of the Session Laws of 1963, and all 
laws and clauses of laws in conflict with this Act are hereby repealed. 

Sec. 6. This Act shall be in full force and effect from and after its 
ratification. 

In the General Assembly read three times and ratified, this the 9th 
day of April, 1965. 

H. B. 354 CHAPTER 220 

AN ACT TO MAKE G. S. 153-9, SUBSECTION (44), RELATING TO 
COUNTY LIABILITY APPLICABLE TO SCOTLAND COUNTY. 

The General Assembly of North Carolina do enact: 

Section 1. Section 1% of Chapter 911 of the Session Laws of 1955 is 
hereby amended by deleting the words "or Scotland". 

Sec. 2. All laws and clauses of laws in conflict with this Act are hereby 
repealed. 

Sec. 3. This Act shall become effective upon its ratification. 

In the General Assembly read three times and ratified, this the 9th 
day of April, 1965. 



257 



Ch. 221-222 1965— Session Laws 

H. B. 356 CHAPTER 221 

AN ACT TO AMEND SECTION 105 (a) OF THE CHARTER OF THE 
CITY OF RALEIGH (CHAPTER 1184 OF THE SESSION LAWS OF 
NORTH CAROLINA, 1949, AS AMENDED). 

The General Assembly of North Carolina do enact: 

Section 1. That the first paragraph of Section 105 (a) of Chapter 1184 
of the Session Laws of North Carolina, 1949, as amended, be further 
amended by adding at the end thereof: 

"The petition required by Sections 81 and 82 of Chapter 160 of the 
General Statutes of North Carolina shall be deemed to be a sufficient 
petition if signed by at least fifty per cent (50%) in number of the owners 
or by the owners owning fifty per cent (50%) of the lineal feet of frontage 
of lands abutting upon the street or streets or part of a street or streets 
proposed to be improved. A majority in interest of owners of an undivided 
interest in any piece of property shall be deemed and treated as one person 
for the purpose of the petition." 

Sec. 2. All laws and clauses of laws in conflict with this Act are, to the 
extent of such conflict, repealed. 

Sec. 3. This Act shall be in full force and effect from and after its 
ratification. 

In the General Assembly read three times and ratified, this the 9th 
day of April, 1965. 

H. B. 363 CHAPTER 222 

AN ACT TO AMEND THE CHARTER OF THE CITY OF CONCORD. 

The General Assembly of North Carolina do enact: 

Section 1. Chapter 344 of the Private Laws of North Carolina, Session 
of 1907, and the amendments thereto, is amended by adding the following: 

APPOINTMENT, QUALIFICATION, TERMS AND COMPENSATION. 

The board of aldermen shall appoint a city manager to hold office during 
the pleasure of the board of aldermen. The city manager shall be appointed 
with regard to merit only, and he need not be a resident of the city when 
appointed but shall reside within the city while occupying said office and 
shall receive such compensation as the board of aldermen may determine. 

POWER AND DUTIES OF CITY MANAGER. 

The city manager shall: 

(1) be the administrative head of the city government 

(2) see that within the jurisdiction of the city, the laws of the State, 
and ordinances, resolutions, rules and regulations and policies of the board 
of aldermen are faithfully executed and enforced 

(3) attend all meetings of the board of aldermen and recommend for 
adoption such measures as he may deem expedient 

(4) make reports to the board of aldermen from time to time upon the 
affairs of the city and keep the board of aldermen fully advised of the 
city's financial condition and its future financial needs 

258 



1965— Session Laws Ch. 222 

(5) appoint and remove all department heads, other than the city 
treasurer 

(6) have general supervision and oversight over all departments of 
the city 

(7) prepare or cause to be prepared and published all reports required 
of the city or any department or officer thereof 

(8) act as purchasing agent for the various departments and approve 
or disapprove all bills or accounts for items purchased prior to payment 
thereof 

(9) shall be an ex officio member of the Board of Light and Water 
Commissioners of Concord, North Carolina, and shall attend all meetings 
of said board 

(10) not less than 75 days prior to the beginning of the fiscal year, 
the city manager shall transmit to the board of aldermen a proposed 
budget which shall set forth all proposed expenditures for the administra- 
tion, operation and maintenance of all departments of the city for which 
appropriations are required to be made or taxes levied by the city; all 
expenditures for capital projects to be undertaken or executed during the 
fiscal year; all interest and debt reduction charges during the fiscal year. 
In addition thereto, the budget estimate shall set forth the anticipated 
income and other means of financing the total proposed expenditures of 
the city for the fiscal year. 

(11) perform and carry out any other duties imposed or to be imposed 
upon him by the State or the board of aldermen including, but not limited 
to, the duties of one or more other offices or positions of the city, except 
as herein otherwise provided. 

Sec. 2. Section 2 of Chapter 716 of the Session Laws of North Carolina 
Session of 1947 is hereby repealed, and in lieu thereof is inserted the 
following: 

"The board of aldermen at the regular meeting in June 1965 shall appoint 
three members of the Board of Light and Water Commissioners, one of 
whom shall be appointed for a term of one year, one of whom shall be 
appointed for a term of two years, and one of whom shall be appointed 
for a term of three years. Each succeeding term shall be three years. The 
City Manager of Concord shall be an ex officio member of said board but 
shall not have a vote. The board of aldermen shall also appoint a treasurer, 
an attorney, and such other officers as it may deem necessary for the 
proper government of the city who shall hold office during the pleasure of 
the board of aldermen, or until their successors are appointed and qualified. 
The Mayor of the City of Concord shall be chairman ex officio of such 
board and shall preside at all meetings but shall not have a vote in such 
proceedings." 

Sec. 3. That portion following the semicolon in line 9 of Section 10, 
Chapter 716 of the Session Laws of 1947 is hereby repealed and in lieu 
thereof is inserted the following: 

"he shall appoint one member of the board of aldermen to act as liaison 
to each department of the city but such member so appointed shall not in- 
terfere with the operation of said department." 

259 



Ch. 222 1965 — Session Laws 

Sec. 4. The following Sections of Chapter 344 of the Private Laws of 
North Carolina of the Session of 1907 are hereby specifically repealed; 
namely, Sections 11, 21, 37, 52, 65 and that portion of Section 36 beginning 
on line 7 beginning with "he shall have power to suspend " 

Sec. 5. Section 16 of Chapter 119 of the Private Laws of North Caro- 
lina Session of 1879 is hereby specifically repealed. 

Sec. 6. Chapter 113 of the Private Laws of North Carolina, Session 
of 1935 is hereby specifically repealed. 

Sec. 7. The following Sections of Chapter 716 of the Session Laws of 
North Carolina Session of 1947 are hereby specifically repealed; namely, 
Sections 6, 7, and 8. 

Sec. 8. That Chapter 71, Private Laws of 1905, as amended by Chapter 
265, Private Laws of 1935, Chapter 1180, Session Laws of 1955, and Chap- 
ter 66, Session Laws of 1959, be and the same is hereby amended by adding 
the following at the end of Section 6 (d): 

"Sec. 6. (e). The Board of Light and Water Commissioners of the 
City of Concord shall, out of the proceeds collected from the electrical, 
water and sewer rates, fees, charges and rentals, (1) subject to the provi- 
sions of 6 (c), Chapter 1180, Session Laws of 1955, pay the costs and ex- 
penses incurred in managing, operating, improving, maintaining and ex- 
tending its water, electrical and sewer lines and systems; (2) provide for 
appropriate reserves for payment of principal and interest on bonds here- 
tofore or hereafter issued by the City of Concord in connection therewith; 
(3) provide a reserve fund for emergencies and disasters in such amount 
as the board may deem advisable; (4) provide a reserve for future improve- 
ments and extensions in such amount as the board may deem advisable; 
(5) remit to the Treasurer of the City of Concord all amounts which the 
board deems unnecessary to retain for the purposes herein set out. 

"Sec. 6 (f). The Board of Light and Water Commissioners of the City 
of Concord is hereby authorized and empowered to acquire in the name of 
the Board of Light and Water Commissioners of the City of Concord, either 
by purchase or by the exercise of the right of eminent domain in the 
manner provided in Chapter 40, Article 2 of the General Statutes of North 
Carolina entitled 'Eminent Domain', such land and rights and interests 
therein as it may deem necessary in connection with the construction, ex- 
tension, enlargement, improvement or operation of its electrical and water 
systems both within and without the corporate limits of the City of 
Concord." 

Sec. 9. Chapter 9 of the Private Laws of 1901 be and the same is hereby 
amended by striking out the word "superintendents" in Section 14 of said 
Act, and substituting in lieu thereof the words "Directors of Utilities". 

Sec. 10. Chapter 71 of the Private Laws of 1905 be and the same is 
hereby amended by striking out the word "superintendent" in Section 5 
of said Act, and substituting in lieu thereof the words "Director of Utilities". 

Sec. 11. Chapter 71 of the Private Laws of 1905 be and the same is 
hereby amended by adding the following at the end of Section 5 of said 
Act: "The Director of Utilities shall perform such duties as said board 
may direct and shall act as purchasing agent for said board under its 
supervision and direction". 

260 



1965— Session Laws Ch. 222-223 

Sec. 12. Chapter 9 of the Private Laws of 1901 be and the same is 
hereby amended by striking from Section 16 the words "in the penal sum 
of ten thousand dollars ($10,000.00), payable to the Board of Light and 
Water Commissioners for the Town of Concord and their successors in 
office" and inserting in lieu thereof "in such penal sum as said commissioners 
may set, payable to the Board of Light and Water Commissioners for the 
City of Concord and their successors in office, premiums on said bond to 
be paid by said Board of Light and Water Commissioners,". 

Sec. 13. All laws and clauses of laws in conflict with this Act are 
hereby repealed. 

Sec. 14. This Act shall be in full force and effect from and after its 
ratification. 

In the General Assembly read three times and ratified, this the 9th 
day of April, 1965. 

H. B. 378 CHAPTER 223 

AN ACT TO AMEND CHAPTER 351 OF THE 1951 SESSION LAWS 
RELATING TO THE LISTING OF PROPERTY FOR TAXATION IN 
FORSYTH COUNTY. 

The General Assembly of North Carolina do enact: 

Section 1. Section 3 of Chapter 351 of the 1951 Session Laws is hereby 
amended by rewriting the same to read as follows: 

"Sec. 3. The provisions of G. S. 105-306(26), G. S. 105-308, G. S. 105-309, 
and G. S. 105-310 shall be applicable to Forsyth County except insofar as 
they are inconsistent with regulations of the Board of County Commissioners 
of Forsyth County relating to the oath of the taxpayer, listing of taxes 
by agents, and listing of taxes by mail, adopted pursuant to the authority 
contained in Section 1 of this Act. 

"The provisions of G. S. 105-307 making it a misdemeanor for one to 
fail to list properly his property for ad valorem tax purposes shall be 
applicable to Forsyth County. If the Board of County Commissioners of 
Forsyth County has adopted regulations relating to any matter covered 
by this Act, the listing in Forsyth County must be in accordance with the 
General Statutes as amended by such regulations, and the provisions of 
G. S. 105-307 shall apply to such regulations as well as to the provisions 
of the General Statutes not inconsistent with the said regulations of the 
Board of County Commissioners." 

Sec. 2. This Act shall apply only to Forsyth County. 

Sec. 3. All laws and clauses of laws inconsistent herewith are hereby 
repealed. 

Sec. 4. This Act shall be in full force and effect from and after rati- 
fication. 

In the General Assembly read three times and ratified, this the 9th 
day of April, 1965. 



261 



Ch. 224 1965 — Session Laws 

H. B. 406 CHAPTER 224 

AN ACT TO AMEND THE CHARTER OF THE TOWN OF CATAWBA. 

The General Assembly of North Carolina do enact: 

Section 1. Section 3 of Chapter 274 of the Private Laws of 1893 is 
hereby amended by rewriting the same to read as follows: 

"Sec. 3. The governing body of the Town shall consist of a Mayor and 
four Commissioners elected by the qualified electors of the Town voting 
at large in the manner provided in Section 4. The Mayor shall be elected 
for a term of two years and the Commissioners shall be elected for terms of 
four years." 

Sec. 2. Section 4 of Chapter 274 of the Private Laws of 1893 is hereby 
amended by rewriting the same to read as follows: 

"Sec. 4. The regular municipal election for the office of Mayor and 
Commissioners shall be held on Tuesday after the first Monday in May 
of odd numbered years, beginning in 1965. At each such election, there 
shall be elected a Mayor for a term of two years and two Commissioners 
for terms of four years, or until their successors are elected and qualify. 
In case of a vacancy in the office of Mayor or Commissioners, the remaining 
members of the Board shall fill it for the remainder of the unexpired 
term. 

"Each qualified person who would offer himself as a candidate for the 
office of Mayor or Commissioner shall file with the Town Clerk a statement 
giving notice of his candidacy. Such notice shall be filed not earlier than 
Tuesday after the first Monday in March and prior to five o'clock p.m. 
on the Tuesday after the first Monday in April of election years; shall 
be accompanied by a filing fee of five dollars ($5.00); and shall be sub- 
stantially in the following form: 'I, , 

do hereby give notice that I am a candidate for the office of 

to be voted on at the election to be held on 

, and I hereby request that my name be placed on 

the official ballot for such office. I also certify that I am a resident and 
qualified voter of the Town of Catawba, residing at 



(Signature) 



(Date) 

Witness: '; provided, the final time for filing 

such notice for the 1965 election shall be five o'clock p.m. on April 13, 1965. 

"The terms of office of the two incumbent Commissioners which are 
scheduled to expire in June, 1966, are hereby extended until the first meet- 
ing of the Board following the regular election in May, 1967. 

"Any notice of the 1965 election, registration, or names of election 
officials heretofore posted is hereby ratified; if not heretofore posted, such 
notice shall be valid if posted not later than seven days prior to the date 
on which registration is to begin, notwithstanding the provisions of G. S. 
160-32. 



262 



1965— Session Laws Ch. 224-225-226 

"Except as otherwise herein provided, regular municipal elections in the 
Town of Catawba shall be conducted in accordance with the provisions of 
general law relating to municipal elections." 

Sec. 3. Sections 1 and 2 of Chapter 333 of the Session Laws of 1951 
are hereby repealed. 

Sec. 4. All laws and clauses of laws in conflict with the provisions of 
this Act are hereby repealed. 

Sec. 5. This Act shall be effective upon its ratification. 

In the General Assembly read three times and ratified, this the 9th 
day of April, 1965. 

H. B. 424 CHAPTER 225 

AN ACT TO REPEAL CHAPTER 788 OF THE SESSION LAWS OF 
1957, RELATING TO THE NOMINATION, ELECTION AND TERMS 
OF DISTRICT SCHOOL COMMITTEEMEN IN CUMBERLAND 
COUNTY. 

The General Assembly of North Carolina do enact: 

Section 1. That Chapter 788 of the Session Laws of 1957, and each 
and every provision thereof, be, and the same is hereby, repealed. 

Sec. 2. That all terms of office of school committeemen heretofore ap- 
pointed under the provisions of Chapter 788 of the Session Laws of 1957 
be, and the same are hereby, ended and terminated. 

Sec. 3. All laws and clauses of laws in conflict with the provisions of 
this Act are hereby repealed. 

Sec. 4. This Act shall be in full force and effect from and after its 
ratification. 

In the General Assembly read three times and ratified, this the 9th 
day of April, 1965. 

S. B. 145 CHAPTER 226 

AN ACT TO AMEND CHAPTER 759, SESSION LAWS OF 1963, EN- 
TITLED "AN ACT TO AUTHORIZE THE BOARD OF COUNTY COM- 
MISSIONERS OF CARTERET COUNTY TO MAKE APPROPRIA- 
TIONS FOR INDUSTRIAL DEVELOPMENT PURPOSES AND TO 
CREATE AND FIX THE POWERS OF AN INDUSTRIAL DEVELOP- 
MENT COMMISSION FOR CARTERET COUNTY." 

The General Assembly of North Carolina do enact: 

Section 1. Section 1, Chapter 759, Session Laws of 1963, is hereby 
amended by adding an additional sentence at the end of said Section 1 
to read as follows: "In connection with its effort to carry out the purposes 
for which it is created, The Industrial Development Commission, created 
pursuant to this Act, shall have power: (a) to acquire by purchase, devise, 
gift or otherwise, and to own, hold, convey, transfer, sell, lease to or from 
any person, firm or corporation, and to grant or take options to lease or 
purchase all kinds of property, real, personal and mixed; (b) to enter 
into contracts and to invite and to make proposals with respect to property 

263 



Ch. 226-227 1965— Session Laws 

owned or controlled by it; (c) to own and operate motor vehicles of all 
types including boats, barges, ships and aircraft; and (d) to engage in 
necessary travel and to provide reasonable entertainment for representa- 
tives of industries interested in Carteret County as a prospective location 
of a manufacturing, commercial, distribution or other facility which is 
reasonably calculated to provide employment to the people of Carteret 
County and its trade area. 

Sec. 2. Section 2, Chapter 759, Session Laws of 1963, is hereby amended 
by striking the following sentence, beginning in line 8: "In making said 
appointments, the Board of Commissioners shall maintain an equal balance 
insofar as political party affiliation is concerned." 

Sec. 3. Section 2, Chapter 759, Session Laws of 1963, is further amended 
by adding a "period" after the word "involved" in line 14 and by striking 
the following words: "and with the same political affiliation as his pred- 
ecessor." 

Sec. 4. Section 3, Chapter 759, Session Laws of 1963, is amended by 
striking out, beginning in line 7 thereof, the following sentence: "The ap- 
pointments shall be made so as to maintain at all times an equal balance of 
membership insofar as political party affiliation is concerned." 

Sec. 5. All laws and clauses of laws in conflict with this Act are hereby 
repealed. 

Sec. 6. This Act shall be in full force and effect from and after its 
ratification. 

In the General Assembly read three times and ratified, this the 13th 
day of April, 1965. 



S. B. 149 CHAPTER 227 

AN ACT TO AMEND CHAPTER 121 OF THE PRIVATE LAWS OF 1931 
RELATIVE TO THE CHARTER OF THE CITY OF ASHEVILLE. 

WHEREAS, the City of Asheville has been governed by Ordinances, 
which were last published in bound form in 1945; and 

WHEREAS, a number of said Ordinances have become obsolete or in 
need of revision, and the City Council is now in the process of revising 
and consolidating the present existing Ordinances of the City of Asheville, 
the same to be printed in the form of a loose leaf binder, along with the 
City Charter and other legislative Acts and Ordinances pertaining to the 
City of Asheville, which loose leaf form will facilitate the further develop- 
ment, expansion, revision and alteration of said Ordinances, from time to 
time, which new Code will be known as the Code of Ordinances, City of 
Asheville, North Carolina; and 

WHEREAS, the present Charter of the City of Asheville requires that 
all Ordinances be published in the newspaper having the largest circulation 
in the City of Asheville; and 

WHEREAS, the expense of publication and the further expense in time 
and the employment of secretarial help in recording said Ordinances would 
be very high, and the great majority of said Ordinances are simply being 

264 



1965— Session Laws Ch. 227-228 

re-enacted and carried forward from the 1945 Codification of the Asheville 
City Code: Now, therefore, 

The General Assembly of North Carolina do enact: 

Section 1. Chapter 121 of the Private Laws of 1931, as amended by 
Chapter 186 of the same Session, is hereby amended by inserting two new 
Sections after Section 17A, said new Sections to be known as Sections 17B 
and 17C and to read as follows: 

"Sec. 17B. Section 17A shall not apply to Ordinance passed on the 25th 
day of March, 1965, by the City Council of the City of Asheville and known 
as 'AN ORDINANCE ADOPTING AND ENACTING A NEW CODE OF 
ORDINANCES OF THE CITY OF ASHEVILLE, NORTH CAROLINA, 
ESTABLISHING THE SAME; PROVIDING FOR THE REPEAL OF 
CERTAIN ORDINANCES NOT INCLUDED THEREIN, EXCEPT AS 
HEREIN EXPRESSLY PROVIDED; PROVIDING FOR THE EFFECTIVE 
DATE OF SUCH CODE AND A PENALTY FOR THE VIOLATION 
THEREOF; AND PROVIDING FOR THE MANNER OF AMENDING 
SUCH CODE; AND PROVIDING WHEN THIS ORDINANCE SHALL BE- 
COME EFFECTIVE'. 

"Sec. 17C. In lieu of complying with Section 17 of Chapter 121 of the 
Private Laws of 1931 the printed book known as CODE OF ORDINANCES, 
CITY OF ASHEVILLE, NORTH CAROLINA, shall be deposited in the 
office of the Clerk of the City of Asheville to be kept for public inspection, 
and said book when deposited shall have the same validity as if the pro- 
visions of Section 17 had been complied with." 

Sec. 2. The CODE OF ORDINANCES, CITY OF ASHEVILLE, NORTH 
CAROLINA in lieu of complying with Section 17A of Chapter 121 of the 
Private Laws of 1931, shall be deposited for public inspection on the desk 
in the office of the City Clerk of the City of Asheville for a period of thirty 
(30) days beginning May 24, 1965, and ending June 23, 1965. 

Sec. 3. Compliance with this Act shall be in lieu of any and all other 
publication which may be prescribed by any other provision of laws. 

Sec. 4. All laws and clauses of laws in conflict with this Act are hereby 
repealed. 

Sec. 5. This Act shall be in full force and effect upon its ratification. 

In the General Assembly read three times and ratified, this the 13th 
day of April, 1965. 



H. B. 42 CHAPTER 228 

AN ACT TO AMEND G. S. 14-269 (b) SO AS TO PROVIDE FOR THE 
DESTRUCTION OF CONFISCATED WEAPONS BY THE SHERIFF 
OF FORSYTH COUNTY. 

The General Assembly of North Carolina do enact: 

Section 1. G. S. 14-269 (b), as the same appears in the 1963 Cumulative 
Supplement of Volume IB of the General Statutes of North Carolina, is 
hereby amended by adding a new paragraph at the end thereof to read as 
follows : 

265 



Ch. 228-229 1965— Session Laws 

"Under the direction of the Sheriff of Forsyth County the weapon shall 
be destroyed, except as otherwise provided in this Act. The sheriff shall 
keep a record of all weapons received by him and destroyed; provided, 
however, that in any case the presiding judge may, if the facts so justify, 
order any pistol or gun returned to the defendant; or, if the judge deter- 
mines that the weapon is needed by a law enforcement agency in Forsyth 
County for law enforcement purposes, the presiding judge may enter an 
order directing that the weapon be turned over to such agency in which 
case it shall become the property of the governmental unit to which the law 
enforcement agency belongs; provided further that the disposal of any con- 
fiscated gun or pistol turned over to the Sheriff of Forsyth County for dis- 
posal shall be in accordance with the provisions of this Section." 

Sec. 2. Any judge presiding over any criminal court in Forsyth County 
may, if he finds that the circumstances so justify, order the confiscation 
of any weapon involved in the commission of a crime by any defendant 
tried and convicted before said judge. In such cases, the gun is to be de- 
stroyed by the sheriff or turned over to a law enforcement agency in 
accordance with the provisions of Section 1 of this Act. 

Sec. 3. This Act shall apply to the following counties: Forsyth and Pitt. 

Sec. 4. All laws and clauses of laws in conflict herewith are hereby 
repealed. 

Sec. 5. This Act shall be in full force and effect from and after its 
ratification. 

In the General Assembly read three times and ratified, this the 13th 
day of April, 1965. 



H. B. 100 CHAPTER 229 

AN ACT TO IMPROVE AND INCREASE THE BENEFITS PROVIDED 
BY THE MINIMUM WAGE ACT. 

The General Assembly of North Carolina do enact: 

Section 1. G. S. 95-87 of Article 11 of Chapter 95 of the General 
Statutes, as said Section appears in the 1963 Cumulative Supplement of 
the General Statutes, is hereby amended by striking out in the second line 
of said Section certain words, as follows: "eighty-five cents (854)" and 
inserting in lieu thereof the following: "one dollar ($1.00)." 

Sec. 2. All laws and clauses of laws in conflict with this Act are hereby 
repealed. 

Sec. 3. This Act shall be in full force and effect from and after Jan- 
uary 1, 1966. 

In the General Assembly read three times and ratified, this the 13th 
day of April, 1965. 



266 



1965— Session Laws Ch. 230-231 

H. B. 283 CHAPTER 230 

AN ACT TO PROVIDE FOR THE NOMINATION OF MEMBERS OF 
THE BOARD OF EDUCATION IN POLK COUNTY. 

The General Assembly of North Carolina do enact: 

Section 1. In the primary election to be held in Polk County in 1966, 
and biennially thereafter, there shall be nominated by each political party, 
in the party primary at the same time and in the same general manner as 
that in which other county officers are nominated, one candidate for the 
office of membership on the Board of Education in Polk County from each 
of the five townships of the county, to wit: Columbus, Cooper's Gap, Green 
Creek, Saluda and White Oak Townships. 

Sec. 2. All laws and clauses of laws in conflict with this Act are hereby 
repealed. 

Sec. 3. This Act shall become effective upon its ratification. 

In the General Assembly read three times and ratified, this the 13th 
day of April, 1965. 

H. B. 316 CHAPTER 231 

AN ACT TO PROVIDE FOR THE ELECTION OF MEMBERS OF THE 
RED SPRINGS CITY BOARD OF EDUCATION. 

The General Assembly of North Carolina do enact: 

Section 1. The terms of office of W. C. McNeill and G. B. Shell, mem- 
bers of the present Red Springs City Board of Education, which expire on 
June 30, 1965, are hereby extended to June 30, 1966. The terms of office 
of G. R. Graham, C. T. Johnson, Jr. and R. A. McConnaughey, Jr., which 
expire on June 30, 1967, as members of the Red Springs City Board of 
Education, are extended in each case until June 30, 1968. The successors of 
these members shall be elected for terms of four years each as hereinafter 
provided. 

Sec. 2. At the next regular primary election to be held for the county 
officers of Robeson County in the year of 1966, there shall be nominated 
and elected in said primary two members of the Red Springs City Board 
of Education who shall serve for terms of four years each from and after 
June 30, 1966. At the regular primary election held for county officers in 
Robeson County in 1968 there shall be nominated and elected in said pri- 
mary three members of the Red Springs City Board of Education who 
shall serve for terms of four years each. All persons so nominated and 
elected as members of said Board shall serve until their successors are 
elected and qualified and shall be nominated and elected in primaries there- 
after as their terms of office expire. 

Sec. 3. The Red Springs City Board of Education may hold and con- 
duct said election under the rules and regulations provided by the general 
election laws of the State and for this purpose may appoint all necessary 
election officials, establish precincts, prepare and establish registration 
records and do any and all things necessary for the conduct of said election 
which could be done and performed by a county board of elections under 

11 267 



Ch. 231 1965— Session Laws 

the general election laws as contained in Chapter 163 of the General 
Statutes. In lieu of conducting its own election for the members of the 
Red Springs City Board of Education the said Red Springs City Board of 
Education may contract with and may authorize the Board of Elections of 
Robeson County to conduct said election for the members of its Board of 
Education and may adopt and use the election officials of the county, the 
county's registration books and may prepare any additional registration 
that may be necessary by reason of the boundaries of the Red Springs 
City Administrative Unit. The Red Springs City Board of Education is 
authorized to pay all necessary expenses and charges for the conduct of 
said election whether same is conducted by the Board of Elections of Robe- 
son County or by the Red Springs City Board of Education. 

Sec. 4. All candidates shall file for office within the time required by 
law for filing in primaries except that such filing shall be with the Clerk 
of the Town of Red Springs and there shall be no filing fee required. The 
names of all persons filing for membership on the Red Springs City Board 
of Education shall be placed on a ballot without party designation and said 
election shall be on a nonpartisan basis. In the primary for the year of 
1966, the two persons receiving the highest number of votes shall be de- 
clared to be nominated and elected, and it shall not be necessary nor 
shall anyone be voted upon in the general election that follows the pri- 
mary. In the primary election for the year of 1968 the three persons re- 
ceiving the highest number of votes shall be declared to be nominated and 
elected, and no person shall be voted upon any further in the general elec- 
tion. Thereafter, as the positions become vacant, the required number of 
persons who are candidates for membership on the Board of Education re- 
ceiving the highest number of votes, according to the required number, shall 
be declared to be nominated and elected. The persons so elected shall take 
office on July 1st of the respective year in which elected, and the Chairman 
of the Red Springs City Board of Education shall be elected by the mem- 
bers of the Board and serve for one year without the right to succeed 
himself, it being the intent and purpose of this provision that there shall 
be a new chairman each year. 

Sec. 5. Any vacancy occurring on the Red Springs City Board of Edu- 
cation by death, resignation or otherwise, including removal from the City 
Administrative Unit, shall be filled by the remaining members of the 
Board, and the person so chosen shall fill and serve out the unexpired term 
and until his successor shall be elected and qualified. 

Sec. 6. All laws and clauses in conflict with the provisions of this 
Act are hereby repealed. 

Sec. 7. This Act shall become effective upon its ratification. 

In the General Assembly read three times and ratified, this the 13th 
day of April, 1965. 



268 



1965— Session Laws Ch. 232-233 

H. B. 352 CHAPTER 232 

AN ACT TO FIX THE TERMS OF OFFICE AND REORGANIZE THE 
TRUSTEES OF TRYON CITY ADMINISTRATIVE UNIT IN POLK 
COUNTY. 

The General Assembly of North Carolina do enact: 

Section 1. Amend Section 1 of Chapter 151 of the Session Laws of 
1961 by striking out the words "John Z. Preston", as the same appear in 
line 1 of Section 1 of said Act, and by inserting in lieu thereof the words 
"J. Russell Constance". 

Sec. 2. Further amend Section 1 of Chapter 151 of the Session Laws 
of 1961 by striking out in line 4 of said Section 1 the figures "1961" and 
"1963" and by inserting in lieu thereof the figures "1965" and "1967", re- 
spectively; and in line 15 by deleting the figures "1961", and inserting in 
lieu thereof the figures "1965". 

Sec. 3. That Chapter 344 of the Session Laws of 1963 be, and the same 
is hereby, repealed. 

Sec. 4. All laws and clauses of laws in conflict with the provisions of 
this Act are hereby repealed. 

Sec. 5. This Act shall be in full force and effect from and after its 
ratification. 

In the General Assembly read three times and ratified, this the 13th 
day of April, 1965. 

H. B. 109 CHAPTER 233 

AN ACT TO AMEND SECTIONS 105-306 (26); 105-308; 105-309 AND 
105-310 OF THE GENERAL STATUTES OF NORTH CAROLINA IN 
ORDER TO AUTHORIZE THE BOARD OF COMMISSIONERS OF 
GUILFORD COUNTY TO PRESCRIBE REGULATIONS RELATING 
TO THE LISTING OF PROPERTY FOR TAXATION IN GUILFORD 
COUNTY; AND TO AUTHORIZE THE DIVISION OF TOWNSHIPS 
INTO GEOGRAPHICAL UNITS FOR TAX LISTING PURPOSES. 

The General Assembly of North Carolina do enact: 

Section 1. The Board of Commissioners for the County of Guilford is 
hereby authorized and empowered to prescribe regulations of the type and 
form of oath, or declaration, and the manner of administering the same 
to persons, firms and corporations listing property for taxation in Guilford 
County, and to prescribe regulations relating to the listing of property for 
taxation by agents, and tax lists submitted by mail. 

Sec. 2. Authority is hereby granted to the Board of Commissioners for 
the County of Guilford to divide any township in Guilford County into two 
or more geographical units for tax listing purposes and to designate said 
geographical units by name or number. The Tax Supervisor of Guilford 
County, with the approval of the Board of Commissioners, may appoint a 
list taker and assessor for each such geographical unit of a township. 

Sec. 3. The provisions of G. S. 105-306 (26), G. S. 105-308, G. S. 105-309, 
and G. S. 105-310 shall be applicable to Guilford County except insofar as 

269 



Ch. 233-234 1965— Session Laws 

they are inconsistent with regulations of the Board of County Commis- 
sioners of Guilford County relating to the oath of the taxpayer, listing of 
taxes by agents, and listing of taxes by mail adopted pursuant to the 
authority contained in Section 1 of this Act. 

Sec. 4. The provisions of G. S. 105-307 making it a misdemeanor for 
one to fail to list properly his property for ad valorem tax purposes shall 
be applicable to Guilford County. If the Board of County Commissioners 
of Guilford County has adopted regulations relating to any matter covered 
by this Act, the listing in Guilford County must be in accordance with 
the General Statutes as amended by such regulations, and the provisions of 
G. S. 105-307 shall apply to such regulations as well as to the provisions of 
the General Statutes not inconsistent with the said regulations of the Board 
of County Commissioners. 

Sec. 5. This Act shall apply only to Guilford County. 

Sec. 6. All laws and clauses of laws in conflict with this Act are hereby 
repealed. 

Sec. 7. This Act shall be in full force and effect from and after its 
ratification. 

In the General Assembly read three times and ratified, this the 13th 
day of April, 1965. 



H. B. 300 CHAPTER 234 

AN ACT TO AMEND CHAPTER 105-213 OF THE GENERAL STATUTES 
OF NORTH CAROLINA TO DEPOSIT INTANGIBLE TAX ALLOCA- 
TIONS IN THE COUNTY GENERAL FUND AND TO PROVIDE FOR 
THE EXPENDITURE OF SUCH FUNDS APPLICABLE TO POLK 
COUNTY. 

The General Assembly of North Carolina do enact: 

Section 1. Chapter 105, Section 213, of the General Statutes of North 
Carolina be and is hereby amended to provide that the proportion of the 
intangible tax allocations to Polk County up to the maximum thereof as 
determined within the discretion of the Polk County Board of Commis- 
sioners be deposited to the General Fund. 

Sec. 2. The Polk County Board of Commissioners be and is hereby 
authorized to expend said funds for assistance in providing public utility 
services to industrial sites, to provide financial assistance to industrial de- 
velopment, to make expenditures for County capital improvements and for 
other public purposes. 

Sec. 3. Be it further provided that any excess in intangible fund allo- 
cations in excess of the proportionate amount determined by the Commis- 
sioners for deposit in the General Fund be allocated to the various tax 
funds as now provided by law. 

Sec. 4. All the provisions of Chapter 105 of the General Statutes of 
North Carolina and other applicable laws pertaining to allocation of in- 
tangible tax funds not in conflict with the terms of this Act shall be and 
remain in full force and effect. 

270 



1965— Session Laws Ch. 234-235-236 

Sec. 5. All laws and clauses of laws in conflict with the terms of this 
Act are hereby repealed to the extent that they conflict with the terms of 
this Act. 

Sec. 6. This Act shall be in full force and effect from and after its 
ratification. 

In the General Assembly read three times and ratified, this the 13th 
day of April, 1965. 

H. B. 366 CHAPTER 235 

AN ACT TO AMEND CHAPTER 507, SESSION LAWS OF 1947, RE- 
LATING TO THE ELECTION OF MAYOR AND COMMISSIONERS 
IN THE TOWN OF SHALLOTTE, BRUNSWICK COUNTY. 

The General Assembly of North Carolina do enact: 

Section 1. Section 2 of Chapter 507, Session Laws of 1947, is hereby 
rewritten to read as follows: 

"Sec. 2. Section 4, Chapter 339 of the Private Laws of 1899, is 
amended by rewriting it to read as follows: In the municipal election held 
in 1965, and quadrennially thereafter, the candidate for mayor receiving 
the highest number of votes shall be elected for a term of 4 years. 

In the election of 1965, the two candidates for town commissioner re- 
ceiving the highest number of votes shall be elected for a term of four 
years, and the three candidates receiving the next highest number of votes 
shall be elected for a term of two years. 

In the municipal election of 1967, and biennially thereafter, all town 
commissioners shall be elected for a term of four years. 

Municipal elections in the Town of Shallotte shall be held in accordance 
with the general municipal election laws as contained in Article 3, Chapter 
160 of the General Statutes." 

Sec. 2. All laws and clauses of laws in conflict with this Act are hereby 
repealed. 

Sec. 3. This Act shall be in full force and effect from and after its 
ratification. 

In the General Assembly read three times and ratified, this the 13th 
day of April, 1965. 

S. B. 70 CHAPTER 236 

AN ACT TO AMEND G. S. 111-3 RELATING TO THE MEETING OF 
THE NORTH CAROLINA STATE COMMISSION FOR THE BLIND. 

The General Assembly of North Carolina do enact: 

Section 1. G. S. 111-3 is amended by striking out the period following 
the word "Raleigh" in line fourteen and adding the following: 

"or at some other location to be designated and fixed by the Chairman 
of the Commission". 

Sec. 2. All laws and clauses of laws in conflict with this Act are hereby 
repealed. 

Sec. 3. This Act shall become effective upon its ratification. 

In the General Assembly read three times and ratified, this the 14th 
day of April, 1965. 

271 



Ch. 237 1965— Session Laws 

H. B. 174 CHAPTER 237 

AN ACT AMENDING ARTICLE 3 OF CHAPTER 104B OF THE GEN- 
ERAL STATUTES SO AS TO MAKE MORE SPECIFIC THE POWER 
OF LOCAL GOVERNMENTS TO PROTECT SAND DUNES ALONG 
THE OUTER BANKS. 

The General Assembly of North Carolina do enact: 

Section 1. Article 3 of Chapter 104B of the General Statutes of North 
Carolina, as the same appears in Replacement Volume 2D, 1965, is hereby 
amended by rewriting the said Article as follows: 

"ARTICLE 3 

"Protection of Sand Dunes Along Outer Banks. 

"§ 104B-3. Legislative Findings. It is hereby determined and declared 
as a matter of legislative finding that the area of the State of North 
Carolina lying along the Atlantic Ocean front, and in particular the Outer 
Banks of this State as hereinafter denned, is a major asset to the economy 
of the entire State and as such should be protected and preserved. This 
area is wholly or in part protected from actions of the Atlantic Ocean and 
storms thereon by a system of natural or constructed dunes providing a 
protective barrier for adjacent lands and inland waters and land against 
the actions of sand, wind, and water. Certain persons, firms, and corpora- 
tions have from time to time modified or destroyed the effectiveness of 
such protective barriers in the process of developing the waterfront for 
various purposes. These practices constitute serious threats to the safety 
of adjacent properties and to public highways, as well as to the value and 
taxable basis of such adjacent properties, and they constitute a real danger 
to the health, safety, and welfare of persons living, visiting, or sojourning 
in such area. It is therefore deemed necessary to protect that area and 
especially the system of protective barrier dunes as hereinafter provided. 

"§ 104B-4. Damaging or Removing Without Permit, (a) Except as other- 
wise provided in subsection (b) of this Section, it shall be unlawful for 
any person, firm, or corporation in any manner to damage, destroy, or 
remove any sand dune, or part thereof, lying along the Outer Banks of this 
State as hereinafter defined, or to kill, destroy, or remove any trees, shrub- 
bery, grass, or other vegetation growing on said dunes, without first having 
obtained a permit as specified herein authorizing such proposed damage, 
destruction, or removal. 

"(b) Any board of county commissioners whose county includes a por- 
tion of the Outer Banks of this State may establish a shore protection 
line, for the purpose of limiting the territorial application of the provisions 
of subsection (a) of this Section to those dunes within the county which 
in the judgment of said board serve as protective barriers. In any county 
which so elects to establish a shore protection line, the provisions of sub- 
section (a) of this Section shall apply only with respect to sand dunes 
(or parts thereof and vegetation growing thereon) located on the ocean 
side of said shore protection line. In establishing any such shore protection 



272 



1965— Session Laws Ch. 237 

line the board of county commissioners may hold such hearings as it deems 
desirable, and may consult with the Department of Water Resources and 
others. 

"§ 104B-5. Findings Prerequisite to Issuance of Permit. No such permit 
shall be granted by any officer, agency, or board charged with the issuance 
of permits hereunder unless such officer, agency, or board shall first have 
found as a fact that the particular action, damage, destruction, or removal 
proposed will not materially weaken the dune or reduce its effectiveness as 
a means of protection from the effects of high wind and water, taking into 
consideration the height, width, and slope of the dune or dunes and the 
amount and type of vegetation thereon. Permits so issued will require 
the restoration of protection so affected by construction as well as the 
restoration of vegetation. 

"§ 104B-6. Designation of Shoreline Protection Officer or Officers, 
(a) Any board of county commissioners whose county includes a portion of 
the area subject to this Act may appoint and empower with police authority 
one or more Shoreline Protection Officers, to serve at the will of the board. 
In the alternative the board of county commissioners may designate to 
perform the powers, duties and functions of a Shoreline Protection Officer: 

(1) A Shoreline Protection Officer of any other county or counties, with 
the approval of the board of county commissioners of such other county 
or counties; 

(2) A municipal employee or official of any municipality or municipalities 
within the county, with the approval of the municipal governing body; or 

(3) Any employee or official of the county. 

In the absence of such appointment or designation, the board of county 
commissioners shall itself have the powers, duties and functions of the 
Shoreline Protection Officer as specified herein. 

"(b) The board of county commissioners may pay a Shoreline Protec- 
tion Officer a fixed salary or compensation in such other measure as it 
deems appropriate. The board of county commissioners may also accept 
and disburse any funds which may be made available by the State or Fed- 
eral Governments as contributions towards the salary or expenses of a 
Shoreline Protection Officer. The board of county commissioners may make 
necessary appropriations for the special purpose of paying the salary or 
salaries of Shoreline Protection Officers and any expenses pertaining to 
shoreline protection and may levy annually taxes for the payment of such 
appropriation as a special purpose, in addition to any allowed by the 
Constitution. 

"(c) The board of county commissioners may enter into and carry out 
contracts with any other county or counties under which the parties agree 
to support a joint Shoreline Protection Department. The board of county 
commissioners may make any necessary appropriations for such a purpose. 

"§ 104B-7. Duties of Shoreline Protection Officer. It shall be the duty 
of the Shoreline Protection Officer to receive applications for permits under 
this Article, to check each application for compliance with this Article 
and any regulations adopted by the board of county commissioners, to 
make the findings called for under this Article, to issue the permit where 

273 



Ch. 237 1965— Session Laws 

no fact appears which would make such issuance a violation of this Article 
or of regulations adopted hereunder, to collect such fees as may be specified 
by the board of county commissioners and to deliver same to the county 
treasurer, to make such reports as may be required by the board of county 
commissioners, to furnish a surety bond for the faithful performance of 
his duties and the safeguarding of any public funds coming into his hands 
(which bond shall be approved as to amount, form, and solvency of sureties 
by the board of county commissioners), and to carry out such related duties 
as may be specified by the board of county commissioners. 

"§ 104B-8. Inspection and Enforcement Powers, (a) A Shoreline Pro- 
tection Officer is authorized at any reasonable hour to enter upon any 
lands and structures upon lands to inspect the property, as may be necessary 
in performing his duties under this Article and the rules and regulations 
adopted pursuant to this Article; and such entry shall not be deemed a 
trespass, provided that the county shall make reimbursement for any dam- 
ages resulting to such property as a result of such activities. 

"(b) A Shoreline Protection Officer shall have within the county or 
counties where he holds his appointment the powers of peace officers vested 
in the sheriffs and constables, for the purpose of enforcing the provisions 
of this Article and the rules and regulations adopted pursuant to this 
Article, and for the purpose of initiating prosecutions under this Article. 

"§ 104B-9. Regulations by Board of County Commissioners; Taxes 
Authorized, (a) The board of county commissioners is hereby empowered 
to adopt and enforce such regulations as it may deem necessary, to enforce 
the provisions of this Act, and also to matters concerning the form, time, 
and manner of submission of any application for a permit under this 
Article. It may also fix any reasonable fees to cover part or all of the cost 
of necessary inspections or other administrative procedures under this 
Article. 

"(b) The board of county commissioners of any county which includes 
a portion of the area subject to this Article is hereby authorized to levy 
annually on all taxable property in the county a special tax for the special 
purpose of paying any expenses incurred in carrying out the provisions 
of this Article and the General Assembly does hereby give its special ap- 
proval for the levy of such taxes. 

"§ 104B-10. Appeal From Decision of Shoreline Protection Officer, 
(a) In the event that a Shoreline Protection Officer denies a permit under 
this Article, the applicant may within 30 days file an appeal with the 
board of county commissioners. In the event that a Shoreline Protection 
Officer grants a permit under this Article, any property owner whose prop- 
erty is damaged by action taken under the permit may within 30 days file 
an appeal with the board of county commissioners. On receipt of any appeal, 
the board of county commissioners shall be entitled to consider the matter 
ab initio and may take any action which the Shoreline Protection Officer 
could have taken under this Article. 

"(b) Every decision of the board of county commissioners on such an 
appeal as well as every decision granting or denying a permit by a board 
of county commissioners performing the functions of Shoreline Protection 

274 



1965— Session Laws Ch. 237 

Officer, shall be subject to review by the Superior Court of the county by 
proceedings in the nature of certiorari. Pending the final disposition of 
any such appeal, no action shall be taken which would be unlawful in the 
absence of a permit issued under this Article. 

"§ 104B-11. Constructing, Damaging and Removal of Materials on 
Ocean Side of Project Protection Line, (a) The Department of Water Re- 
sources shall establish a project protection line prior to the start of con- 
struction of each beach restoration or hurricane protection project. Said 
project protection line will identify the line along which said beach restora- 
tion and hurricane protection works will be constructed along the ocean 
front. The construction of said beach restoration and hurricane protection 
works will be located on the ocean side of said project protection line. 

"(b) Subsequent to the establishment of such a project protection line, 
it shall be unlawful for any person, firm or corporation to construct any 
building or part thereof, open any new road or street or remove sand, sea 
shells and similar materials on the ocean side of said project protection 
line. It shall also be unlawful for any person, firm or corporation to alter 
in any manner the sand dune or beach or in any manner to insure, destroy, 
interfere with, or reduce the operation of any then existing groins, jetties 
or any other erosion control works on the ocean side of the project protection 
line. Groins, jetties, piers or any other such structure will not be con- 
structed on the ocean side of the project protection line without first ob- 
taining a permit from the Department of Water Resources. It shall be 
further unlawful to drive or operate vehicles of any type or nature on 
or along the sand dunes or beaches on the ocean side of said project pro- 
tection line except at such places as may be designated. 

"§ 104B-12. Enforcement, (a) Any violation of this Article or of reg- 
ulations promulgated by a board of county commissioners under the 
authority of this Article shall constitute a misdemeanor, and upon convic- 
tion thereof, any person, firm or corporation committing such violation 
shall be fined not less than fifty dollars ($50.00) nor more than five hundred 
dollars ($500.00); provided that the provisions of this Article shall not 
be construed to apply to the removal of sand, sea shells or similar mate- 
rials for souvenir value in such amounts as may be carried upon the 
person. Failure to restore any sand dune or part thereof which has un- 
lawfully been damaged, destroyed, or removed, or to restore or replace any 
trees, shrubbery, grass, or other vegetation which has unlawfully been 
killed, destroyed, or removed from said dunes shall constitute a separate 
violation of this Article for each ten days that such failure continues 
after written notice from the Shoreline Protection Officer or the board of 
county commissioners. 

"(b) In addition to other remedies, the board of county commissioners 
may institute any appropriate action or proceedings (1) to restrain or 
prevent any violation of this Article or (2) to require any person, firm, or 
corporation which has committed a violation to restore any sand dune or 
part thereof which has unlawfully been damaged, destroyed, or removed, 
or to restore or replace any trees, shrubbery, grass, or other vegetation 
which has unlawfully been killed, destroyed, or removed from said dunes 
in violation of this Article. 

275 



Ch. 237 1965— Session Laws 

"§ 104B-13. Definitions. As used in this Article: 

(1) The term 'Outer Banks of this State' shall be construed to mean 
all of that part of North Carolina which is separated from the mainland 
by a body of water, such as an inlet or sound, and which is in part bounded 
by the Atlantic Ocean, and in New Hanover, Onslow, and Brunswick 
Counties this shall include the land areas lying between the Intra-Coastal 
Waterway and the Atlantic Ocean. 

(2) The term 'Shoreline Protection Officer' includes any person desig- 
nated by a board of county commissioners to perform the functions of 
Shoreline Protection Officer, as well as a Shoreline Protection Officer duly 
appointed by a board of county commissioners. 

"§ 104B-14. Description of Lines Established Under Article, (a) The 
board of county commissioners in establishing a shore protection line pur- 
suant to § 104B-4, and the Board of Water Resources in establishing a 
project protection line pursuant to § 104B-11, may define said line by 
showing it on a map or drawing, by a written description, or any combina- 
tion thereof, to be designated appropriately and filed permanently with the 
Clerk of Superior Court and with the Register of Deeds in the county 
where the land lines (in the case of a shore protection line) or the Director 
of Water Resources (in the case of a project protection line). Alterations 
in these lines shall be indicated by appropriate entries upon or additions to 
such map or description. Such entries or additions shall be made by or 
under the direction of the Clerk of Superior Court or Director of Water 
Resources, as the case may be. Photographic, typed or other copies of 
such map or description, certified by the Clerk of Superior Court (in the 
case of a shore protection line) or the Director of Water Resources (in 
the case of a project protection line), shall be admitted in evidence in 
all courts and shall have the same force and effect as would the original 
map or description. The board of county commissioners or Department of 
Water Resources, as the case may be, may provide for the redrawing of any 
such map. A redrawn map shall supersede for all purposes the earlier map 
or maps which it is designated to replace upon the filing thereof at those 
places designated above. 

"(b) The Department of Water Resources shall file with the Secretary of 
State and with the Clerk of Superior Court and the Register of Deeds of 
every county in which a beach erosion or hurricane protection project or 
any part thereof is located: (1) a certified copy of the map, drawing, de- 
scription or combination thereof showing the project protection line for 
said project; and (2) a certified copy of any redrawn or altered map or 
drawing, and of any amendments or additions to written descriptions, 
showing alterations to said project protection line. The filings required by 
this subsection shall constitute compliance with the requirements of 
Article 18 of Chapter 143 of the General Statutes. 

"§ 104B-15. Powers of the Board of Water Resources. In addition to 
its other powers under this Article, the Board of Water Resources shall be 
empowered to render advice and assistance to any Shoreline Protection 
Officer or Officers, board of county commissioners, or other office, agency, 
or board having responsibilities under this Article. In exercising this func- 

276 



1965— Session Laws Ch. 237-238-239 

tion it shall specifically be authorized to furnish manuals, suggested 
standards, plans, and other technical data; to conduct training programs; 
and to give advice and assistance with respect to handling of particular 
applications; but it shall not be limited to such activities." 

Sec. 2. Should any Section, clause, or provision of this Act be declared 
by the courts to be unconstitutional or invalid for any reason, such decision 
shall not affect the validity of the Act as a whole or any part thereof 
other than the part so decided to be unconstitutional or invalid. 

Sec. 3. All laws and clauses of laws in conflict herewith are hereby re- 
pealed to the extent of such conflict. 

Sec. 4. This Act shall become effective upon its ratification. 

In the General Assembly read three times and ratified, this the 14th 
day of April, 1965. 

H. B. 334 CHAPTER 238 

AN ACT TO REPEAL CHAPTER 435 OF THE SESSION LAWS OF 
1947 RELATING TO THE SYSTEM OF LISTING REAL PROPERTY 
IN MECKLENBURG COUNTY. 

The General Assembly of North Carolina do enact: 

Section 1. Chapter 435 of the Session Laws of 1947 is hereby repealed. 

Sec. 2. All laws and clauses of laws in conflict with this Act are hereby 
repealed. 

Sec. 3. This Act shall be in full force and effect from and after its 

ratification. 

In the General Assembly read three times and ratified, this the 14th 
day of April, 1965. 

H. B. 335 CHAPTER 239 

AN ACT TO PROVIDE FOR THE FILLING OF VACANCIES IN THE 
OFFICE OF THE BOARD OF COUNTY COMMISSIONERS OF 
MECKLENBURG COUNTY. 

The General Assembly of North Carolina do enact: 

Section 1. G. S. 153-6 is hereby amended by inserting in line eight in 
the list of counties enumerated therein, the word "Mecklenburg," and 
thereby providing that the Board of County Commissioners shall make 
appointments to the Mecklenburg Board of County Commissioners to fill 
vacancies for unexpired terms. 

Sec. 2. All laws and clauses of laws in conflict with this Act are hereby 
repealed. 

Sec. 3. This Act shall be in full force and effect from and after its 
ratification. 

In the General Assembly read three times and ratified, this the 14th 
day of April, 1965. 



277 



Ch. 240-241-242 1965— Session Laws 

H. B. 336 CHAPTER 240 

AN ACT RELATING TO MILEAGE ALLOWANCE FOR MECKLEN- 
BURG COUNTY EMPLOYEES. 

The General Assembly of North Carolina do enact: 

Section 1. Section 147-8 of the General Statutes of North Carolina as 
the same applies to Mecklenburg County is hereby amended by striking out 
the words "seven cents (7(f) per mile" appearing in the last two lines thereof 
and substituting in lieu thereof the following, "an amount determined to be 
the proper mileage charge in the discretion of the Board of County Com- 
missioners of Mecklenburg County". 

Sec. 2. Section 147-9 of the General Statutes of North Carolina as the 
same applies to Mecklenburg County is hereby amended by striking out 
the words, "seven cents (14) per mile," appearing in line six thereof and 
substituting in lieu thereof the following, "the amount fixed by the Board 
of County Commissioners of Mecklenburg County". 

Sec. 3. This Act shall apply only to Mecklenburg County. 

Sec. 4. All laws and clauses of laws in conflict with this Act are hereby 
repealed. 

Sec. 5. This Act shall be in full force and effect from and after its 
ratification. 

In the General Assembly read three times and ratified, this the 14th 
day of April, 1965. 

H. B. 337 CHAPTER 241 

AN ACT TO REPEAL CHAPTER 439 OF THE PUBLIC-LOCAL LAWS 
OF 1913 RELATING TO THE OFFICE OF AUDITOR FOR THE 
COUNTY OF MECKLENBURG. 

The General Assembly of North Carolina do enact: 

Section 1. Chapter 439 of the Public-Local Laws of 1913 is hereby re- 
pealed. 

Sec. 2. All laws and clauses of laws in conflict with this Act are hereby 
repealed. 

Sec. 3. This Act shall be in full force and effect from and after its 
ratification. 

In the General Assembly read three times and ratified, this the 14th 
day of April, 1965. 

H. B. 338 CHAPTER 242 

AN ACT TO REPEAL CHAPTER 38 OF THE PUBLIC LAWS OF 1941, 
RELATING TO ADMINISTRATION OF THE FISCAL AFFAIRS OF 
MECKLENBURG COUNTY. 

The General Assembly of North Carolina do enact: 

Section 1. Chapter 38 of the Public Laws of 1941 is hereby repealed. 

Sec. 2. Chapter 724 of the Session Laws of 1955, as amended, shall be 
applicable to Mecklenburg County. 

278 



1965— Session Laws Ch. 242-243-244-245 

Sec. 3. All laws and clauses of laws in conflict with this Act are hereby 

repealed. 

Sec. 4. This Act shall be in full force and effect from and after its 

ratification. 

In the General Assembly read three times and ratified, this the 14th 

day of April, 1965. 

H. B. 340 CHAPTER 243 

AN ACT TO PROVIDE FOR THE INSPECTION OF PLUMBING IN 
THE UNINCORPORATED AREAS OF MECKLENBURG COUNTY. 

The General Assembly of North Carolina do enact: 

Section 1. G. S. 153-9 (47), as same appears in the 1964 Replacement 
Volume 3-C of the General Statutes, is hereby amended, by adding in the 
second line in the last paragraph, after the word "Lee," and before the 
word "Montgomery," the word "Mecklenburg". 

Sec. 2. All laws and clauses of laws in conflict with the provisions of 
this Act are hereby repealed. 

Sec. 3. This Act shall be in full force and effect from and after its 
ratification. 

In the General Assembly read three times and ratified, this the 14th 

day of April, 1965. 

H. B. 394 CHAPTER 244 

AN ACT TO REQUIRE THE COUNTY COMMISSIONERS OF CHATHAM 
COUNTY TO TURN INTO THE GENERAL FUND ALL TAXES COL- 
LECTED FOR THE YEAR 1963 AND ALL PRIOR YEARS. 

The General Assembly of North Carolina do enact: 

Section 1. The Board of County Commissioners of Chatham County is 
hereby required to turn into the General Fund of the County of Chatham 
the proceeds of all uncollected taxes which may hereafter be collected for 
the year 1963 and all prior years. 

Sec. 2. All laws and clauses of laws in conflict with this Act are hereby 
repealed. 

Sec. 3. This Act shall become effective July 1, 1965. 

In the General Assembly read three times and ratified, this the 14th 
day of April, 1965. 

H. B. 407 CHAPTER 245 

AN ACT TO PROVIDE FOR THE SELECTION OF GRAND JURORS IN 
HERTFORD COUNTY. 

The General Assembly of North Carolina do enact: 

Section 1. G. S. 9-25, as the same appears in the 1963 Cumulative Sup- 
plement to the 1953 Recompiled Volume IB of the General Statutes, is 
hereby amended by adding a new subsection immediately following subsec- 
tion (o), as follows: 

279 



Ch. 245-246-247 1965— Session Laws 

"(oo) Hertford. At the first term of Superior Court for the trial of 
criminal cases, held in Hertford County after July 1, 1965, there shall be 
chosen a Grand Jury as now provided by law. The first nine (9) members 
of said Grand Jury shall serve for a period of one year, and the second nine 
(9) members of said Grand Jury so chosen shall serve for a period of 
six months. Thereafter, at the first term of criminal court after the first 
day of July and January of each year, there shall be chosen nine (9) 
members of said Grand Jury to serve for a term of one year." 

Sec. 2. All laws and clauses of laws in conflict with this Act are hereby 
repealed. 

Sec. 3. This Act shall be in full force and effect from and after its 
ratification. 

In the General Assembly read three times and ratified, this the 14th 
day of April, 1965. 

H. B. 446 CHAPTER 246 

AN ACT AMENDING G. S. 9-25, RELATING TO THE DRAWING OF 
GRAND JURORS IN CRAVEN COUNTY. 

The General Assembly of North Carolina do enact: 

Section 1. G. S. 9-25, as it appears in the 1963 Cumulative Supplement 
to Volume IB of the General Statutes, is hereby amended by inserting, 
immediately after the word "County" in line 7 thereof, the following: "and 
Craven County,". 

Sec. 2. All laws and clauses of laws in conflict with this Act are hereby 
repealed. 

Sec. 3. This Act shall be in full force and effect from and after its 
ratification. 

In the General Assembly read three times and ratified, this the 14th 
day of April, 1965. 

H. B. 474 CHAPTER 247 

AN ACT TO AMEND CHAPTER 1252, SESSION LAWS OF 1949, THE 
SAME BEING THE CHARTER OF RED SPRINGS, SO AS TO PRO- 
VIDE FOR THE USE OF COUNTY REGISTRATION BOOKS AND 
THE CONDUCT OF MUNICIPAL ELECTIONS. 

The General Assembly of North Carolina do enact: 

Section 1. Chapter 1252, Session Laws of 1949, is hereby amended by 
adding a new Section immediately after Section 11, to read as follows: 

"Sec. 11.1. Registration of Voters and Conduct of Elections. Notwith- 
standing any other provisions of this Charter or any other law, the gov- 
erning body of the Town of Red Springs and the Robeson County Board 
of Elections are expressly authorized to enter into contracts and agreements, 
upon such terms and conditions as may be mutually agreed, for the use 
of the county registration books, process or records and for the use of 
equipment, personnel, and for the registration of voters, the holding, con- 
ducting and supervision of all municipal elections. 

280 



1965— Session Laws Ch. 247-248 

"In the event the governing body of the municipality requests the 
County Board of Elections, by resolution duly adopted, to conduct the 
municipal elections, it shall, on the date specified in this Charter, hold, 
conduct, and supervise all regular and special elections in the municipality 
in accordance with the provisions of law applicable to registration of 
voters and holding of general elections in Robeson County and all pertinent 
provisions of Chapter 163 of the General Statutes, except with respect to 
those provisions which are in conflict with this Charter respecting dates 
of elections, candidates for office, filing of candidates and placement of 
names on a ballot. Upon agreement that the county registration books 
shall be used in the municipal elections, then all persons duly registered 
in the county books, who live within the corporate limits, shall be entitled 
to vote in any election held in the municipality. The municipal registration 
books previously used by the town shall no longer be used in elections and 
shall be impounded by the town clerk. The county registration books for 
the precincts within the town shall remain in the custody of the Robeson 
County Board of Elections." 

Sec. 2. The municipal election in the Town of Red Springs shall be 
held on the last Saturday in May of 1965, and thereafter, all municipal 
elections in the Town of Red Springs shall be held on Tuesday, following 
the first Monday in May, in odd-numbered years, as provided in Section 
10, Chapter 1252, Session Laws of 1949. 

Sec. 3. Chapter 123, Session Laws of 1965, and all other laws and 
clauses of laws in conflict with this Act are hereby repealed. 

Sec. 4. This Act shall be in full force and effect from and after its 
ratification. 

In the General Assembly read three times and ratified, this the 14th 
day of April, 1965. 



S. B. 35 CHAPTER 248 

AN ACT TO PROHIBIT POSTING OF POLITICAL, BUSINESS, AND 
COMMERCIAL ADVERTISEMENT IN MECKLENBURG COUNTY. 

The General Assembly of North Carolina do enact: 

Section 1. In Mecklenburg County, any person is prohibited from paint- 
ing, printing, placing, erecting, or affixing, any business, commercial or 
political posters or advertisements on or to any stone, tree, fence, stump, 
pole, or building, which is the property of another without first obtaining 
the written consent of such owner thereof, or on or to any stone, tree, fence, 
stump, pole, or mile-board, or mile-stone, danger-signal, guide-sign, guide- 
post, or building within the limits of a public highway. 

Sec. 2. The words "political posters or advertisements" as the same 
are used in this Act shall mean only those of candidates seeking public 
office solely within Mecklenburg County, or any city, town, or subdivision 
therein. This Act shall apply only to Mecklenburg County. 

Sec. 3. All laws and clauses of laws in conflict with this Act are hereby 
repealed. 

281 



Ch. 248-249-250 1965— Session Laws 

Sec. 4. This Act shall be in full force and effect from and after its 
ratification. 

In the General Assembly read three times and ratified, this the 15th 
day of April, 1965. 

S. B. 125 CHAPTER 249 

AN ACT TO AMEND G. S. 9-25 RELATING TO GRAND JURIES IN 
CERTAIN COUNTIES. 

The General Assembly of North Carolina do enact: 

Section 1. Section 25 of Chapter 9, Article 4, of the General Statutes 
of North Carolina as the same appears in the 1963 Cumulative Supplement 
to Recompiled Volume IB (1953) of the General Statutes of North Carolina, 
is hereby amended by inserting the word "Carteret", immediately after the 
words "counties of" and immediately before the word "Craven" in line 2 
of the first paragraph of said Section. 

Sec. 2. Section 25 of said Chapter 9 of the General Statutes, as the 
same appears in the 1963 Cumulative Supplement to Recompiled Volume 
IB (1953) of the General Statutes of North Carolina, is further amended 
by inserting the word "Carteret", immediately following the words "court 
of" and immediately before the word "Cumberland" in line 9 of the third 
paragraph of said Section. 

Sec. 3. All laws and clauses of laws in conflict with this Act are hereby 
repealed. 

Sec. 4. This Act shall be in full force and effect from and after April 15, 
1965. 

In the General Assembly read three times and ratified, this the 15th 
day of April, 1965. 

S. B. 126 CHAPTER 250 

AN ACT TO AMEND CHAPTER 1097, SESSION LAWS OF 1961, EN- 
TITLED "AN ACT TO ESTABLISH A PUBLIC LAW LIBRARY FOR 
PUBLIC OFFICIALS, COURTS AND OTHERS IN CARTERET 
COUNTY." 

The General Assembly of North Carolina do enact: 

Section 1. Section. 5, Chapter 1097, Session Laws of 1961, is hereby 
amended by deleting, in line 5 thereof, the following: "Clerk of the Superior 
Court of Carteret County in each and every criminal case and each and 
every civil case when final disposition of said case is made by trial or 
otherwise in the Carteret County Recorder's Court or in the Superior 
Court of Carteret County after the ratification of this Act, except in 
such cases in which said county is adjudged to pay all costs.", and insert- 
ing in lieu thereof the following: 

"Clerks of the respective courts to which this Act is applicable in each 
and every criminal case and each and every civil case wherein final dis- 
position of said case is made by trial or otherwise in the Morehead City 
Recorder's Court, the Carteret County Recorder's Court or in the Superior 

282 



1965— Session Laws Ch. 250-251 

Court of Carteret County after the ratification of this Act, except in 
such cases in which said county is adjudged to pay all costs. The Clerk 
of the Morehead City Recorder's Court shall account for all such sums 
collected in the Morehead City Recorder's Court and turn them over to 
the Clerk of the Superior Court monthly." 

Sec. 2. All laws and clauses of laws in conflict with this Act are hereby 
repealed. 

Sec. 3. This Act shall be in full force and effect from and after its 
ratification. 

In the General Assembly read three times and ratified, this the 15th 
day of April, 1965. 

S. B. 170 CHAPTER 251 

AN ACT TO RATIFY CONVEYANCE OF CERTAIN LANDS BY MECK- 
LENBURG COUNTY TO THE STATE OF NORTH CAROLINA FOR 
USE BY CHARLOTTE COLLEGE. 

THAT WHEREAS, the County of Mecklenburg is the owner of certain 
lands in the vicinity of the campus of Charlotte College in Mecklenburg 
County, North Carolina; and 

WHEREAS, Charlotte College has need of a portion of said property, 
hereinafter described, for use in expansion of the college and its facilities; 
and 

WHEREAS, use of said property by Charlotte College will greatly 
benefit that area of the State surrounding said college and in particular 
the City of Charlotte and the County of Mecklenburg; and 

WHEREAS, the Board of County Commissioners of Mecklenburg County 
by resolution dated April 6, 1964 and December 14, 1964 authorized con- 
veyance of the hereinafter described premises to the State of North Caro- 
lina to be used by Charlotte College; and 

WHEREAS, Mecklenburg County pursuant to said resolutions has 
caused to be executed and delivered to the State of North Carolina deed 
dated December 14, 1964 conveying the hereinafter described premises to 
the State of North Carolina upon certain conditions therein set forth: 
Now, therefore, 

The General Assembly of North Carolina do enact: 

Section 1. The deed from the County of Mecklenburg to the State of 
North Carolina dated December 14, 1964 conveying the following described 
property to the State of North Carolina is hereby in all respects ratified and 
confirmed. 

PARCEL A. Being all of Tract No. 2 as shown on map of the Meck- 
lenburg County Home Property which is recorded in Map Book 11, on page 
223, in the Office of the Register of Deeds for Mecklenburg County. Said 
Tract consists of 191.77 acres. 

PARCEL B. Being all of Tract No. 3 as shown on map of the Meck- 
lenburg County Home Property which is recorded in Map Book 11, on 
page 221, in the Office of the Register of Deeds for Mecklenburg County. 
Said Tract consists of 303.952 acres. 

283 



Ch. 251-252-253 1965— Session Laws 

Sec. 2. If the property or any portion thereof described in Section 1 
of this Act shall not be needed or used by Charlotte College, or by whatever 
name said college may be known hereafter, as a reasonably necessary part 
of the grounds, campus or site of said institution, title in and to such 
property or any portion thereof found not to be needed, used or reasonably 
required for such purposes, shall automatically revert to the County of 
Mecklenburg. 

Sec. 3. All laws and clauses of law in conflict with the provisions of 
this Act are hereby repealed. 

Sec. 4. This Act shall be in full force and effect from and after its 
ratification. 

In the General Assembly read three times and ratified, this the 15th 
day of April, 1965. 



S. B. 188 CHAPTER 252 

AN ACT RELATING TO THE COMPENSATION OF JURORS IN SCOT- 
LAND COUNTY. 

The General Assembly of North Carolina do enact: 

Section 1. The last paragraph of subsection (bb) of G. S. 9-25, as the 
same appears in the 1963 Supplement to the General Statutes, is repealed. 
It is the purpose of this Act to place Scotland County under G. S. 9-5, 
the general law relating to fees of jurors. 

Sec. 2. All laws and clauses of laws in conflict with this Act are hereby 
repealed. 

Sec. 3. This Act shall become effective upon its ratification. 

In the General Assembly read three times and ratified, this the 15th 
day of April, 1965. 



S. B. 189 CHAPTER 253 

AN ACT RELATING TO THE DRAWING OF JURORS IN SCOTLAND 
COUNTY. 

The General Assembly of North Carolina do enact: 

Section 1. G. S. 9-4 as the same appears in the 1963 Cumulative Sup- 
plement to the General Statutes is amended by rewriting the second full 
paragraph on Page 135 of said Supplement, as the same relates to Scotland 
County, to read as follows: 

"In Scotland County the Board of Commissioners shall cause to be 
drawn from the jury box sixty (60) scrolls for the first week of each 
criminal term of the court at which a grand jury is to be drawn." 

Sec. 2. All laws and clauses of laws in conflict with this Act are hereby 
repealed. 

Sec. 3. This Act shall become effective upon its ratification. 

In the General Assembly read three times and ratified, this the 15th 
day of April, 1965. 

284 



1965— Session Laws Ch. 254 

S. B. 198 CHAPTER 254 

AN ACT TO AMEND CHAPTER 71 OF THE GENERAL STATUTES 
RELATIVE TO THE HALIWA INDIANS OF HALIFAX AND WAR- 
REN COUNTIES. 

WHEREAS, many of the Indians now living in Halifax, Warren and 
adjoining counties are descendants of a once large and prosperous tribe 
which occupied lands along the Roanoke River at the time of the earliest 
white settlements in the Roanoke River Valley; and 

WHEREAS, according to historical sources, when early colonists from 
coastal Virginia and North Carolina extended their colonization into that 
portion of the Roanoke River Valley country now designated as Halifax 
and Warren Counties, they found certain forbears of these Indians already 
well established there, a distinctive people living in settled towns and 
communities, in permanent family dwellings similar to European type 
residences, with some owning slaves, tending domesticated livestock, tilling 
the soil, and practicing many of the arts and crafts of European civiliza- 
tion; and 

WHEREAS, by tribal legend supported by distinctive appearance and 
features, manner of speech, and by the frequent recurrence among the 
tribal members of family names of English and European origin, similar 
to family names found in the rosters of earlier English settlements or at- 
tempted settlements, these Indians may and with considerable reason do 
trace their origin to certain coastal Indian tribes; and 

WHEREAS, evidences that these Indians populated this section have 
been found through exploratory and scientific operations and research in 
the Roanoke River Valley, and in the discovery of ceremonial Indian burial 
mounds; and 

WHEREAS, these people are naturally and understandably proud of 
their heritage and are desirous of confirming their social and ethnic identity 
and preserving their racial history: Now, therefore, 

The General Assembly of North Carolina do enact: 

Section 1. Chapter 71 of the General Statutes of North Carolina per- 
taining to Indians shall be and the same is hereby amended by adding a 
new Section to be designated as "G. S. 71-7", which shall read as follows: 

"71-7. The Indians now residing in Halifax, Warren and adjoining 
counties of North Carolina, originally found by the first permanent white 
settlers on the Roanoke River in Halifax and Warren Counties, and claiming 
descent from certain tribes of Indians originally inhabiting the coastal 
regions of North Carolina, shall, from and after the effective date of this 
Section be known and may be designated as the Haliwa Indians of North 
Carolina, and they shall continue to enjoy all their rights, privileges and 
immunities as citizens of the State as now or hereafter provided by law, 
and shall continue to be subject to all the obligations and duties of citizens 
under the law." 

Sec. 2. All laws and clauses of laws in conflict with this Act are hereby 
repealed. 

Sec. 3. This Act shall become effective upon its ratification. 

285 



Ch. 254-255 1965— Session Laws 

In the General Assembly read three times and ratified, this the 15th 
day of April, 1965. 

S. B. 216 CHAPTER 255 

AN ACT RELATING TO THE BOARD OF TRUSTEES OF THE HAY- 
WOOD COUNTY HOSPITAL. 

The General Assembly of North Carolina do enact: 

Section 1. Board of Trustees; Appointment. From and after the last 
Saturday in December, 1966, the Board of Trustees of the Haywood County 
Hospital shall consist of seven (7) members, one of whom must be a woman, 
which Board shall be appointed by the County Board of Commissioners. 

The seven (7) trustees shall each represent a different profession or 
occupation: Provided, however, that no member of the medical profession 
or any employee of the Haywood County Hospital shall be eligible for 
appointment to the Board of Trustees. Not more than two (2) members of 
the Board of Trustees of the Haywood County Hospital shall be appointed 
from the same township. 

The Chief of Staff of the Haywood County Hospital may designate a 
member of the medical staff of the Haywood County Hospital to serve in 
an advisory capacity to the Board of Trustees. Such person may attend 
the meetings of the Board of Trustees, but shall have no vote, and shall 
serve without compensation in such capacity. 

The Board of Trustees of the Haywood County Hospital, who take 
office on the last Saturday in December, 1966, shall be appointed by the 
Board of County Commissioners that is elected and qualified in 1966. Suc- 
cessors to those trustees whose terms of office expire in the same year in 
which county commissioners are elected, shall be appointed only by the 
incoming Board of County Commissioners. 

Sec. 2. Term of Office. The term of office of the members of the Board 
of Trustees of the Haywood County Hospital, who are appointed under 
this Act, shall be as follows: Three (3) members shall be appointed for a 
term of two (2) years. Two (2) members shall be appointed for a term 
of four (4) years. Two (2) members shall be appointed for a term of six 
(6) years. Upon the expiration of the above terms, all successors shall 
be appointed for a term of six (6) years. 

Sec. 3. Vacancies. All vacancies on the Board of Trustees shall be filled 
by the Board of County Commissioners, and such appointments shall be 
for the unexpired term of the trustee creating the vacancy. 

Sec. 4. Meetings; Compensation. The Board of Trustees of the Haywood 
County Hospital shall, at its first meeting in each year, elect a chairman, 
vice-chairman, and a secretary. 

The Board of Trustees shall hold a regular meeting once each month 
at an announced time and place, and may hold as many additional meetings 
as it deems necessary. 

The Chairman of the Board of Trustees shall receive as compensation 
the sum of fifteen dollars ($15.00) per meeting, and the members of the 
Board of Trustees shall receive ten dollars ($10.00) per meeting. Provided, 

286 



1965 — Session Laws Ch. 255-256-257 

however, the chairman and members shall not be compensated for more 
than one meeting per month. 

Sec. 5. The present members of the Board of Trustees of the Haywood 
County Hospital shall continue in office until the last Saturday in December, 
1966. 

Sec. 6. Chapter 701, Session Laws of 1943, and all other laws and clauses 
of laws in conflict with this Act are hereby repealed. 

Sec. 7. This Act shall be in full force and effect from and after its 
ratification. 

In the General Assembly read three times and ratified, this the 15th 
day of April, 1965. 

H. B. 16 CHAPTER 256 

AN ACT TO AMEND G. S. 143-291 INCREASING THE STATE'S TORT 
CLAIM LIABILITY FROM TEN THOUSAND DOLLARS TO TWELVE 
THOUSAND DOLLARS. 

The General Assembly of North Carolina do enact: 

Section 1. G. S. 143-291 is hereby amended by striking from the 
eighteenth line thereof the words and figures "ten thousand dollars ($10,- 
000.00)." and by inserting in lieu thereof the words and figures "twelve 
thousand dollars ($12,000.00)." 

Sec. 2. All laws and clauses of laws in conflict with this Act are hereby 
repealed. 

Sec. 2'/ 2 . This Act shall not apply to claims arising prior to July 1, 1965. 

Sec. 3. This Act shall become effective on July 1, 1965. 

In the General Assembly read three times and ratified, this the 15th 
day of April, 1965. 

H. B. 200 CHAPTER 257 

AN ACT TO AMEND G. S. 20-125 SO AS TO PROVIDE FOR THE USE 
OF BLUE WARNING LIGHTS ON POLICE VEHICLES. 

The General Assembly of North Carolina do enact: 

Section 1. G. S. 20-125, as the same appears in the 1953 Recompiled 
Volume 1C of the General Statutes, is hereby amended by adding a new 
subsection at the end thereof to read as follows: 

"(c) Notwithstanding any other provisions of law, the following vehicles 
may be equipped with a special blue warning light of a type approved by 
the Commissioner of Motor Vehicles: (1) all publicly owned vehicles used 
primarily for law enforcement purposes; (2) all other vehicles used pri- 
marily by law enforcement officers in the performance of their official duties. 

"It shall be unlawful for such blue lights to be installed on a vehicle 
other than those enumerated in (c) above, or for such blue lights to be 
activated or operated by any person except a law enforcement officer who 
is actively engaged in performing lawful duties." 

Sec. 2. All laws and clauses of laws in conflict with this Act are hereby 
repealed. 

287 



Ch. 257-258-259 1965— Session Laws 

Sec. 3. This Act shall become effective July 1, 1965. 
In the General Assembly read three times and ratified, this the 15th 
day of April, 1965. 

H. B. 235 CHAPTER 258 

AN ACT RELATING TO THE DISCHARGE OF PATIENTS FROM 
HOSPITALS. 

The General Assembly of North Carolina do enact: 

Section 1. Whenever, in the opinion of the superintendent or admin- 
istrator of any hospital in this State, and in the opinion of two physicians 
authorized to practice medicine in this State, any patient should be dis- 
charged therefrom as cured, or as no longer needing treatment, or for the 
reason that treatment cannot benefit his case, or for other good and suf- 
ficient reasons, said superintendent or administrator may discharge said 
patient. 

If, upon the discharge of any patient from the hospital, it shall appear 
to the superintendent or administrator thereof that said patient, upon his 
discharge, is not financially able to provide himself with transportation to 
his home or other place to which he may be discharged, said superintendent 
or administrator, if so empowered by the hospital, may authorize the pay- 
ment of such transportation on behalf of said patient. 

If upon discharge, as described above, and upon tender of transportation 
or payment therefor under the circumstances authorized above, said patient 
shall refuse or fail to leave the hospital after being so directed by the 
superintendent or administrator, such refusal shall constitute a trespass 
and the patient shall be guilty of a misdemeanor, and upon conviction shall 
be punished by a fine not to exceed fifty dollars ($50.00), or imprisoned not 
more than thirty (30) days. 

Sec. 2. All laws and clauses of laws in conflict with this Act are hereby 
repealed. 

Sec. 3. This Act shall be in full force and effect upon its ratification. 

In the General Assembly read three times and ratified, this the 15th 
day of April, 1965. 

H. B. 306 CHAPTER 259 

AN ACT TO REVISE AND CONSOLIDATE THE CHARTER OF THE 
TOWN OF LONG BEACH. 

The General Assembly of North Carolina do enact: 

Section 1. The Charter of the Town of Long Beach is hereby revised 
and consolidated to read as follows: 

THE CHARTER OF THE TOWN OF LONG BEACH 

ARTICLE I. INCORPORATION AND CORPORATE POWERS 

Section 1.1. Incorporation and General Powers. The Town of Long 
Beach shall continue to be a body politic and corporate under the name 

288 



1965 — Session Laws Ch. 259 

of the "Town of Long Beach", and shall continue to be vested with all 
property and rights which now belong to the town; shall have perpetual 
succession; may have a common seal and alter and renew the same at 
pleasure; may sue and be sued; may contract; may acquire and hold all 
such property, real and personal, as may be devised, bequeathed, sold or 
in any manner conveyed or dedicated to it, or otherwise acquired by it, 
and may from time to time hold or invest, sell, or dispose of the same; and 
shall have and may exercise in conformity with this Charter all municipal 
powers, functions, rights, privileges, and immunities of every name and 
nature. 

Section 1.2. Exercise of Powers. All powers, functions, rights, privi- 
leges, and immunities of the town, its officers, agencies, or employees, shall 
be carried into execution as provided by this Charter, or, if this Charter 
makes no provision, as provided by ordinance or resolution of the Board 
of Commissioners and as provided by the general laws of North Carolina 
pertaining to municipal corporations. 

Section 1.3. Enumerated Powers Not Exclusive. The enumeration of 
particular powers by this Charter shall not be held or deemed to be ex- 
clusive but, in addition to the powers enumerated herein or implied hereby, 
or those appropriate to the exercise of such powers, the Town of Long 
Beach shall have and may exercise all powers which are granted to munic- 
ipal corporations by the general laws of North Carolina and all powers 
which, under the Constitution of North Carolina, it would be competent for 
this Charter specifically to enumerate. 

ARTICLE II. CORPORATE BOUNDARIES 

Section 2.1. Existing Corporate Boundaries. The corporate boundaries 
of the Town of Long Beach shall be as follows until changed in accordance 
with law: 

Beginning at a point at the low-water mark of the Atlantic Ocean, said 
point being where the East line of Middleton Street projected would inter- 
sect said low-water mark according to a map of Yaupon Beach made by 
H. R. Hewett, surveyor, February 29, 1955, as appears in Map Book 4, 
Page 40, Office of the Register of Deeds of Brunswick County, North 
Carolina, said point also being approximately South 72 degrees 15 minutes 
East 1,340 feet from a stone marked U. S., same being the southwest corner 
of Fort Caswell property, from said beginning point runs thence in a north- 
wardly direction and along the East line of Middleton Street and the East 
line of Middleton Street projected approximately 6,400 feet to the center 
line of the Intra-Coastal Waterway; runs thence in a westwardly direction 
and with the center line of said Intra-Coastal Waterway approximately 
34,335 feet to a point opposite the intersection of Little Davis Creek with 
the Intra-Coastal Waterway; runs thence South and with the run of Little 
Davis Creek approximately 2,000 feet to the northern marshes of Big 
Davis Creek; runs thence westwardly and with the northern marsh line 
of Big Davis Creek and the northern marsh line of Lockwoods Folly Sound 
approximately 12,000 feet to Lockwoods Folly Inlet; thence with Lock- 
woods Folly Inlet to the Atlantic Ocean; thence with the low-water mark 

289 



Ch. 259 1965— Session Laws 

of the Atlantic Ocean in an eastwardly direction approximately 45,000 feet 
to the place and point of beginning, said lands being geographically bounded 
on the East by the Town of Yaupon Beach, on the South by the low water 
mark of the Atlantic Ocean, on the West by Lockwoods Folly Inlet, on the 
North by the northern marsh line of Lockwoods Folly Sound, Big Davis 
Creek, center of Little Davis Creek, and the center line of the Intra-Coastal 
Waterway Canal. 

Section 2.2. Extension of Corporate Boundaries. All extensions of the 
corporate boundaries shall be governed by the General Statutes of North 
Carolina. 

ARTICLE III. MAYOR AND BOARD OF COMMISSIONERS 
Section 3.1. Composition of Board of Commissioners. The Board of 
Commissioners shall consist of six members to be elected by the qualified 
voters of the town at large in the manner provided by Article IV. 
Section 3.2. Terms; Qualifications; Vacancies. 

(a) The members of the Board of Commissioners shall serve for terms 
of four years, beginning the day and hour of the organizational meeting 
following their election, as established by ordinance in accordance with this 
Charter; provided, they shall serve until their successors are elected and 
qualify. 

(b) No person shall be eligible to be a candidate or be elected as a mem- 
ber of the Board of Commissioners, or to serve in such capacity, unless he 
is a resident and a qualified voter of the town. 

(c) If any elected Commissioners shall refuse to qualify, or if there 
shall be any vacancy in the office of Commissioner after election and quali- 
fication, the remaining members of the Board shall by majority vote appoint 
some qualified person to serve for the unexpired term. Any Commissioner 
so appointed shall have the same authority and powers as if regularly 
elected. 

Section 3.3. Mayor and Mayor Pro Tempore. The Board of Commis- 
sioners, at the organizational meeting following each election, shall elect 
from among its members a Mayor to serve for a term of two years. The 
Mayor shall be the official head of the town government and shall preside 
at all meetings of the Board of Commissioners. The Mayor shall have the 
same power as other members of the Board to vote upon all measures 
coming before it, but shall have no veto. The Mayor shall exercise such 
powers and perform such duties as are or may be conferred upon him by 
the general laws of North Carolina, by this Charter and by the ordinances 
of the town. The Board of Commissioners shall choose one of its number 
to act as Mayor Pro Tempore, and he shall perform the duties of the Mayor 
in the Mayor's absence or disability. The Mayor Pro Tempore as such shall 
have no fixed term of office, but shall serve in such capacity at the pleasure 
of the remaining members of the Board. 

Section 3.4. Compensation of Mayor and Commissioners. The Mayor 
shall receive for his services such salary as the Board of Commissioners 
shall determine, and no increase or reduction in his salary shall be made 
to take effect during the term in which it is voted. The Board of Commis- 
sioners may establish a salary for its members which may be increased or 

290 



1965— Session Laws Ch. 259 

reduced but no increase shall be made to take effect as to any Commis- 
sioner during the respective term of office which he is serving at the time 
the increase is voted. 

Section 3 5. Organization of Board; Oaths of Office. The Board of Com- 
missioners shall meet and organize for the transaction of business at a 
time established by ordinance, following each biennial election and prior 
to July 1 Before entering upon their offices, each Commissioner shall take, 
subscribe, and have entered upon the minutes of the Board the following 

oath of office: "I, .—...—-.. ----— ------ > 

do solemnly swear (or affirm) that I will support and defend the Constitution 
of the United States and the Constitution and laws of North Carolina not 
inconsistent therewith, and that I will faithfully perform the duties of the 
office of Commissioner, on which I am about to enter, according to my best 
skill and ability; so help me, God." 

Section 3.6. Meetings of Board. 

(a) The Board of Commissioners shall fix suitable times for its regular 
meetings, which shall be as often as once monthly. Special meetings may 
be held on the call of the Mayor or a majority of the Commissioners, and 
those not joining in the call shall be notified in writing. Any business may 
be transacted at a special meeting that might be transacted at a regular 

meeting. , 

(b) All meetings of the Board of Commissioners shall be open to the 
public. The Board shall not by executive session or otherwise formally 
consider or vote upon any question in private session. 

Section 3.7. Quorum; Votes. 

(a) A majority of the members elected to the Board of Commissioners 
shall constitute a quorum for the conduct of business, but a less number 
may adjourn from time to time and compel the attendance of absent mem- 
bers in such manner as may be prescribed by ordinance. 

(b) The affirmative vote of a majority of the members of the Board of 
Commissioners shall be necessary to adopt any ordinance, or any resolution 
or motion having the effect of an ordinance. All other matters to be voted 
upon shall be decided by a majority vote of the members present and voting. 

Section 3.8. Ordinances and Resolutions. The adoption, amendment, 
repeal, pleading, or proving of ordinances shall be in accordance with the 
applicable provisions of the general laws of North Carolina not inconsistent 
with this Charter. The yeas and nays shall be taken upon all ordinances and 
resolutions and entered upon the minutes of the Board. The enacting clause 
of all ordinances shall be: "Be it ordained by the Board of Commissioners 
of the Town of Long Beach." All ordinances and resolutions shall take 
effect upon adoption unless otherwise provided therein. 

ARTICLE IV. ELECTION PROCEDURE 

Section 4.1. Regular Municipal Elections. The regular municipal elec- 
tions shall be held on the Tuesday after the first Monday in May of each 
odd numbered year. In each election year, there shall be elected by the 
qualified voters of the town voting at large three Commissioners to serve 
for terms of four years, or until their successors are elected and qualify. 

291 



Ch. 259 1965— Session Laws 

Section 4.2. Voting. Each voter shall be entitled to vote for three can- 
didates for Commissioner. The three candidates who receive the largest 
numbers of votes for Commissioner shall be declared elected. 

Section 4.3. Filing of Candidates. Each qualified person who would offer 
himself as a candidate for the office of Commissioners shall file with the 
Town Manager a statement giving notice of his candidacy. Such notice 
shall be filed not earlier than sixty (60) days nor later than ten (10) days 
prior to the election at which he offers his candidacy, shall be accompanied 
by payment of a filing fee of five dollars ($5.00), and shall be substantially 

in the following form: "I, , 

do hereby give notice that I am a candidate for election to the office of 

Commissioner to be voted on at the election to be held on , 

and I hereby request that my name be placed on the official ballot for 
such office. I also certify that I am a resident and qualified voter of the 
Town of Long Beach, residing at 



(Signature) 

(Date) 
Witness: " 

Section 4.4. Regulation of Elections. All municipal elections shall be 
conducted in accordance with the general laws of North Carolina relating 
to municipal elections, except as otherwise herein provided. 

Section 4.5. Present Terms Not Affected. Notwithstanding any provision 
of this Article, E. F. Middleton, W. W. Vennel, and E. M. Underwood, Jr., 
shall continue in office as Commissioners until the terms for which they 
were appointed shall expire. 

Section 4.6. New Registration in 1965. A new registration of all quali- 
fied voters shall be conducted for the 1965 municipal election in Long 
Beach. Such new registration shall be conducted in accordance with the 
general laws governing new registrations for regular municipal elections; 
provided, however, that the notice of such new registration required by 
G. S. 160-35 shall not be applicable, and it shall be sufficient if notice of 
such registration is published or posted at the same time as notice is 
given of the election, as required by G. S. 160-32. 

ARTICLE V. TOWN MANAGER 

Section 5.1. Appointment; Compensation. The Board of Commissioners 
shall appoint an officer whose title shall be Town Manager and who shall 
be the chief executive officer of the town and the head of the administrative 
branch of the town government. The Town Manager shall be chosen by 
the Board solely on the basis of his executive and administrative qualifica- 
tions with special reference to his actual experience in, or knowledge of, 
accepted practice in respect to the duties of his office as hereinafter pre- 
scribed. At the time of his appointment he need not be a resident of the 
town, but shall reside therein during his tenure of office. No person elected 
as a member of the Board of Commissioners shall be eligible for appoint- 
ment as Town Manager until one year shall have elapsed following the 

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1965— Session Laws Ch. 259 

expiration of the term for which he was elected. The Town Manager shall 
serve at the pleasure of the Board of Commissioners and shall receive such 
salary as the Board shall fix. In case of absence or disability of the Man- 
ager, the Board may designate a qualified administrative officer of the 
town to perform the duties of the Manager during such absence or disability. 

Section 5.2. Chief Administrator. The Town Manager shall be respon- 
sible to the Board of Commissioners for the proper administration of all the 
affairs of the town. As chief administrator, the Town Manager shall have 
the power to appoint and remove all officers, department heads, and em- 
ployees in the administrative service of the town, except the Town Attorney, 
who shall be appointed as provided elsewhere in this Charter. Neither the 
Mayor nor the Board of Commissioners nor any of its committees or mem- 
bers shall direct or request the appointment of any person to, or his re- 
moval from, office by the Town Manager, or in any manner take part in 
the appointment or removal of officers and employees in the administrative 
service of the town. Except for the purpose of inquiry, the Mayor and the 
Board of Commissioners and its members shall deal with officers and em- 
ployees in the administrative service only through the Town Manager, 
and neither the Mayor nor the Board of Commissioners nor any of its 
members shall give orders or directions to any subordinate of the Town 
Manager, either publicly or privately. 

Section 5.3. Duties of Town Manager. It shall be the duty of the Town 
Manager to supervise the administration of the affairs of the town; to see 
that the ordinances, resolutions, and regulations of the Board of Commis- 
sioners and the laws of the State are faithfully executed and enforced; 
to make such recommendations to the Board of Commissioners concerning 
the affairs of the town as he shall deem expedient; to keep the Board of 
Commissioners advised of the financial condition and the future financial 
needs of the town; to attend all meetings of the Board of Commissioners 
and to prepare and submit to the Board such reports as he may deem ex- 
pedient or as may be required of him by the Board; and to perform all 
other duties as may be required of him by the Board of Commissioners. 

ARTICLE VI. TOWN ATTORNEY 

Section 6.1. Appointment; Qualifications; Term; Compensation. The 
Board of Commissioners shall appoint a Town Attorney who shall be an 
attorney at law licensed to engage in the practice of law in North Carolina 
and who need not be a resident of the town during his tenure. The Town 
Attorney shall serve at the pleasure of the Board of Commissioners and 
shall receive such compensation as the Board shall determine. 

Section 6.2. Duties of Town Attorney. It shall be the duty of the Town 
Attorney to prosecute and defend suits for and against the town; to advise 
the Mayor, Board of Commissioners, Town Manager, and other town 
officials with respect to the affairs of the town; to draw all legal docu- 
ments relating to the affairs of the town; to draw proposed ordinances 
when requested to do so; to inspect and pass upon all agreements, contracts, 
franchises and other instruments with which the town may be concerned; 



293 



Ch. 259 1965— Session Laws 

to attend all meetings of the Board of Commissioners; and to perform such 
other duties as may be required of him by virtue of his position as Town 
Attorney. 

ARTICLE VII. ADMINISTRATIVE OFFICERS AND EMPLOYEES 

Section 7.1. Town Clerk. The Town Manager may appoint a Town 
Clerk to keep a journal of the proceedings of the Board of Commissioners 
and to maintain in a safe place all records and documents pertaining to 
the affairs of the town, and to perform such other duties as may be re- 
quired by law or as the Manager may direct. 

Section 7.2. Town Tax Collector. The Town Manager may appoint a 
Tax Collector to collect all taxes, licenses, fees and other moneys belonging 
to the town, subject to the provisions of this Charter and the ordinances 
of the town, and he shall diligently comply with and enforce all the general 
laws of North Carolina relating to the collection, sale, and foreclosure of 
taxes by municipalities. 

Section 7.3. Town Accountant. The Town Manager may appoint a Town 
Accountant to perform the duties of the Accountant as required by the 
Municipal Fiscal Control Act. 

Section 7.4. Consolidation of Functions. The Town Manager may, in 
his discretion, consolidate any two or more of the offices of Town Clerk, 
Town Tax Collector, and Town Accountant, or may assign the functions 
of any one or more of these offices to the holder or holders of any other 
of these offices. The Town Manager may also, in his discretion, himself 
perform all or any part of the functions of any of the named offices, in 
lieu of appointing other persons to perform the same. 

ARTICLE VIII. FINANCE 

Section 8.1. Custody of Town Money. All moneys received by the town 
for or in connection with the business of the town government shall be 
paid promptly into the town depository. Such institution shall be desig- 
nated by the Board of Commissioners in accordance with such regulations 
and subject to such requirements as to security for deposits and interest 
thereon as may be established by the General Statutes of North Carolina. 
All interest on moneys belonging to the town shall accrue to the benefit of 
the town. All moneys belonging to the town shall be disbursed only in 
accordance with the provisions of the Municipal Fiscal Control Act. 

Section 8.2. Issuance of Bonds. The town may issue bonds for the pur- 
poses and in the manner prescribed by the General Statutes of North 
Carolina relating to the issuance of bonds by municipalities. 

Section 8.3. Purchases and Contracts. Purchases of apparatus, supplies, 
material and equipment, and contracts for constructions or repair work 
shall be made in accordance with the General Statutes of North Carolina 
relating thereto. 

Section 8.4. Independent Audit. As soon as practicable after the close 
of each fiscal year, an independent audit shall be made of all books and 
accounts of the town government by a certified public accountant or a 
qualified public accountant registered under Chapter 93 of the General 

294 



1965— Session Laws Ch. 259 

Statutes of North Carolina, who shall have no personal interest directly 
or indirectly in the affairs of the town or of any of its officers. The Board 
of Commissioners shall select the public accountant, and the results of 
such audit shall be made available for inspection by any interested citizen 
of the town, and may be published if so ordered by the Board of Commis- 
sioners. 

ARTICLE IX. CLAIMS AGAINST THE TOWN 

Section 9.1. Title to Properties Used for Certain Purposes. In the 
absence of any contracts with the town in relation to the lands used or 
occupied by it for the purposes of streets, sidewalks, alleys, or other public 
works of the town signed by the owner thereof or his agent, it shall be 
conclusively presumed that said land has been granted to the town by 
the owner or owners, and the town shall have good right and title thereto 
and shall have, hold, and enjoy the same. Unless the owner or owners of 
said land, or those claiming under them, shall make claim or demand in 
writing addressed to the Board of Commissioners within two (2) years 
following the date when such land was taken, he or they shall be forever 
barred from recovering such land or having any compensation therefor; pro- 
vided, nothing herein shall affect the rights of persons under disabilities 
until two (2) years following removal thereof. 

Section 9.2. Tort Claims. All claims or demands against the town aris- 
ing in tort shall be presented to the Board of Commissioners in writing, 
signed by the claimant or his attorney or agent, with ninety (90) days 
after such claim or demand is due or the cause of action accrues. No suit 
or action shall be brought on such a claim or demand within ten (10) days 
or after the expiration of twelve (12) months from the time such claim 
or demand is presented. Unless the said claim or demand is so presented 
within ninety (90) days, and unless suit is brought within twelve (12) 
months thereafter, any action thereon shall be barred. 

Sec. 2. The purpose of this Act is to revise the Charter of the Town 
of Long Beach and to consolidate into it certain Acts concerning the prop- 
erty, affairs, and government of the town. It is intended to continue in 
force without interruption those provisions of prior Acts which are con- 
solidated into this Act, so that all rights and liabilities that have accrued 
are preserved and may be enforced. 

Sec. 3. This Act shall not be deemed to repeal, modify, nor in any 
manner to affect any of the following Acts, or amendments thereto: 

(a) Session Laws, 1961, Chapter 345; 

(b) Session Laws, 1961, Chapter 411. 

Sec. 4. The following Acts, having served the purposes for which en- 
acted, or having been consolidated into this Act, are hereby repealed: 

(a) Session Laws, 1955, Chapter 1067; 

(b) Session Laws, 1957, Chapter 438; 

(c) Session Laws, 1959, Chapter 499; 

(d) Session Laws, 1959, Chapter 903. 

Sec. 5. (a) All existing ordinances and resolutions of the Town of Long 
Beach, and all existing rules or regulations of departments or agencies of 

295 



Ch. 259-260-261 1965— Session Laws 

the Town of Long Beach, not inconsistent with the provisions of this Act, 
shall continue in full force and effect until repealed, modified, or amended. 

(b) No action or proceeding of any nature (whether civil or criminal, 
judicial or administrative, or otherwise) pending at the effective date of 
this Act by or against the Town of Long Beach or any of its departments 
or agencies shall be abated or otherwise affected by the adoption of this Act. 

Sec. 6. If any provision of this Act or the application thereof to any 
person or circumstances is held invalid by a court of competent jurisdiction, 
such invalidity shall not affect other provisions or applications of this Act 
which can be given effect without the invalid provision or application, and 
to this end the provisions of this Act are declared to be severable. 

Sec. 7. All ordinances, resolutions, actions, and proceedings of the 
Board of Commissioners of the Town of Long Beach heretofore adopted, had 
and taken are hereby in all respects legalized, ratified, approved, validated, 
and confirmed. 

Sec. 8. All laws and clauses of laws in conflict with the provisions of 
this Act are hereby repealed to the extent of such conflict. 

Sec. 9. This Act shall be in full force and effect from and after its 
ratification. 

In the General Assembly read three times and ratified, this the 15th 
day of April, 1965. 

H. B. 330 CHAPTER 260 

AN ACT TO AMEND G. S. 131-126.21(b) TO PERMIT MEMBERS OF 

COUNTY HOSPITAL AUTHORITIES TO SUCCEED THEMSELVES. 
The General Assembly of North Carolina do enact: 

Section 1. G. S. 131-126.21 (b), as the same appears in the General 
Statutes of North Carolina, is hereby amended by striking out the following 
sentence: "No member of said hospital authority shall be eligible to succeed 
himself or herself except in cases where the appointment is made for an 
unexpired term." in lines 24 and 25. 

Sec. 2. This Act shall not apply to Warren County. 

Sec. 3. All laws and clauses of laws in conflict with this Act are hereby 
repealed. 

Sec. 4. This Act shall be in full force and effect from and after its 
ratification. 

In the General Assembly read three times and ratified, this the 15th 
day of April, 1965. 

H. B. 339 CHAPTER 261 

AN ACT TO AMEND G. S. 153-294.19 SO AS TO MAKE ARTICLE 24A 
OF CHAPTER 153 OF THE GENERAL STATUTES, RELATING TO 
SPECIAL ASSESSMENTS FOR WATER AND SEWER FACILITIES, 
APPLICABLE TO MECKLENBURG COUNTY. 

The General Assembly of North Carolina do enact: 

Section 1. G. S. 153-294.19 is hereby amended by deleting from the list 

of counties excepted from the operation of Article 24A of Chapter 153 of 

the General Statutes, the word "Mecklenburg" in line seven. 

296 



1965— Session Laws Ch. 261-262-263 

Sec. 2. All laws and clauses of laws in conflict with this Act are hereby 
repealed. 

Sec. 3. This Act shall be in full force and effect from and after its 
ratification. 

In the General Assembly read three times and ratified, this the 15th 
day of April, 1965. 

H. B. 367 CHAPTER 262 

AN ACT TO AMEND G. S. 163-147 SO AS TO MAKE THE SECTION 
APPLICABLE TO CANDIDATES FOR THE OFFICE OF SUPERIOR 
COURT JUDGE IN MULTIPLE JUDGE DISTRICTS. 

The General Assembly of North Carolina do enact: 

Section 1. G. S. 163-147 is hereby amended by inserting immediately 
after the words "North Carolina" and immediately before the word "to" in 
line three thereof the words: "or two or more vacancies in the office of 
Superior Court Judge in any judicial district". 

Sec. 2. All laws and clauses of laws in conflict with this Act are hereby 
repealed. 

Sec. 3. This Act shall become effective upon its ratification. 

In the General Assembly read three times and ratified, this the 15th 
day of April, 1965. 

H. B. 371 CHAPTER 263 

AN ACT TO AMEND CHAPTER 9 OF THE GENERAL STATUTES OF 
NORTH CAROLINA, AS AMENDED, SO AS TO AUTHORIZE MORE 
JURORS TO BE DRAWN FOR SESSIONS OF THE SUPERIOR 
COURT OF ORANGE COUNTY. 

The General Assembly of North Carolina do enact: 

Section 1. General Statutes 9-4 as heretofore amended is hereby 
amended by including therein, "In Orange County the commissioners shall 
cause to be drawn from the jury box ninety-six scrolls for each week of all 
criminal terms of court; ninety-six scrolls for the first week of each civil 
term of court; ninety-six scrolls for the first week of all mixed terms of 
court; and seventy-two scrolls for the second week and each succeeding 
week of all terms of court." 

Sec. 2. This Act shall apply to Orange County only. 

Sec. 3. All laws and clauses of laws in conflict herewith are hereby 
repealed. 

Sec. 4. This Act shall be in full force and effect from and after ratifi- 
cation. 

In the General Assembly read three times and ratified, this the 15th 
day of April, 1965. 



297 



Ch. 264-265-266 1965— Session Laws 

H. B. 385 CHAPTER 264 

AN ACT TO AMEND G. S. 2-10 SO AS TO PERMIT THE APPOINT- 
MENT OF NOT MORE THAN TEN ASSISTANT CLERKS OF THE 
SUPERIOR COURT IN COUNTIES HAVING A POPULATION OF 
MORE THAN EIGHTY THOUSAND. 

The General Assembly of North Carolina do enact: 

Section 1. G. S. 2-10, as the same appears in the 1963 Cumulative Sup- 
plement to the General Statutes, is hereby amended by striking out the 
word "six" and inserting in lieu thereof the word "ten" in line ten thereof. 

Sec. 2. All laws and clauses of laws in conflict with this Act are hereby 
repealed. 

Sec. 3. This Act shall become effective upon its ratification. 

In the General Assembly read three times and ratified, this the 15th 
day of April, 1965. 

H. B. 389 CHAPTER 265 

AN ACT AMENDING G. S. 14-335 RELATING TO PUBLIC DRUNKEN- 
NESS, SO AS TO INCLUDE BERTIE COUNTY WITHIN THE 
PROVISIONS THEREOF. 

The General Assembly of North Carolina do enact: 

Section 1. That numbered paragraph 1 of §14-335, as the same appears 
in the 1963 Cumulative Supplement to Volume IB of the General Statutes, 
be and the same is hereby amended by inserting the word "Bertie" between 
the words "Ashe" and "Brunswick" as the same appear in line 2 thereof. 

Sec. 2. All laws and clauses of laws in conflict with the provisions of 
this Act are hereby repealed. 

Sec. 3. This Act shall be in full force and effect from and after its 
ratification. 

In the General Assembly read three times and ratified, this the 15th 
day of April, 1965. 

H. B. 396 CHAPTER 266 

AN ACT TO PROMOTE AND ENCOURAGE THE CONTINUED OPERA- 
TION OF OAK RIDGE MILITARY INSTITUTE BY AUTHORIZING 
OAK RIDGE FOUNDATION, INCORPORATED, TO HOLD THE 
LIQUIDATING FUND OF OAK RIDGE MILITARY INSTITUTE, 
INCORPORATED. 

The General Assembly of North Carolina do enact: 

Section 1. Upon liquidation of Oak Ridge Military Institute, Incor- 
porated, the portion of assets distributable to a creditor or shareholder 
who is unknown or cannot be found, shall be reduced to cash and deposited 
with the Clerk of the Superior Court of Guilford County to be held three 
months for the persons respectively entitled thereto, as and when said 
evidence of their right to the same is furnished. After the clerk has held 
the unclaimed cash for the aforesaid period of three months, he shall pay 

298 



1965— Session Laws Ch. 266-267-268 

such assets to Oak Ridge Foundation, Incorporated, to be held without 
liability for profit or interest until a just claim therefor shall be preferred 
by the parties entitled thereto. 

Sec. 2. All laws and clauses of laws in conflict with this Act are hereby 
repealed. 

Sec. 3. This Act shall become effective July 1, 1965. 

In the General Assembly read three times and ratified, this the 15th 
day of April, 1965. 

H. B. 400 CHAPTER 267 

AN ACT TO EXEMPT EDGECOMBE COUNTY FROM G. S. 153-180, AND 
TO AMEND CHAPTER 166, SESSION LAWS OF 1953, RELATING 
TO THE FEEDING OF PRISONERS IN EDGECOMBE COUNTY. 

The General Assembly of North Carolina do enact: 

Section 1. G. S. 153-180 is hereby amended by adding at the end thereof 
the following: 

"The provisions of this Section shall not apply to Edgecombe County." 

Sec. 2. Chapter 166, Session Laws of 1953, is amended by rewriting 
Section 1 thereof to read as follows: 

"Section 1. The Board of County Commissioners of Edgecombe County 
is authorized and empowered to fix the amount that shall be paid to the 
sheriff of the county for the feeding or board of prisoners in the common 
jail of said county, and said amount shall not exceed one dollar fifty cents 
($1.50) for each prisoner for each day." 

Sec. 3. All laws and clauses of laws in conflict with this Act are hereby 
repealed. 

Sec. 4. This Act shall be in full force and effect from and after its 
ratification. 

In the General Assembly read three times and ratified, this the 15th 
day of April, 1965. 

H. B. 408 CHAPTER 268 

AN ACT TO VALIDATE CERTAIN ACTIONS OF THE CLERK OF 
SUPERIOR COURT OF DARE COUNTY WHEREIN CERTAIN 
SPECIFIED GUARDIANSHIPS WERE APPOINTED INNOCENTLY 
AND UNDER EMERGENCY CIRCUMSTANCES. 

WHEREAS, the Clerk of Superior Court of Dare County, acting in 
official capacity as a county officer, upon requests received from the Dare 
County Welfare Department and after investigation by his office sufficient 
to satisfy his purpose, has in the past on several occasions appointed 
guardians to act on behalf of persons deemed by the Department of 
Public Welfare to be incompetent who were recipients of public welfare 
under one or another of the various welfare programs, to wit: 

1. Norma Sandifer and Isadora Burrus, guardians successively for 
Matilda Burrus, 

2. Walter Perry, guardian for Mary W. Baum, 

299 



12 



Ch. 268 1965— Session Laws 

3. Lovie B. Bethea, guardian for Daniel Burton, 

4. Frank Cahoon, guardian for George M. Twiford, 

5. Edward Branch Meekins, guardian for Paul Ray Meekins, 

6. Ozella S. Scarborough, guardian for Martha Wood Scarborough; and 
WHEREAS, as a consequence of such appointments the aforesaid 

guardians received and dispensed grants-in-aid on behalf of said welfare 
recipients over the duration of the tenure of appointment as such in total 
amounts for each recipient, to wit: 

1. For Matila Burrus $2,349.83, 

2. For Mary W. Baum 2,727.09, 

3. For Daniel Burton 1,576.69, 

4. For George M. Twiford 1,095.36, 

5. For Paul Ray Meekins 1,130.45, 

6. For Martha Wood Scarborough 907.05; and 

WHEREAS, audits of welfare accounts by Federal and State auditors 

have shown that the aforesaid grants-in-aid have, without exception, been 
administered in proper manner and in every respect entirely for the benefit 
of the intended recipient, his or her aid and comfort; nevertheless, the 
manner of the appointment of the guardianship had not been done in strict 
accord with the provision of the General Statutes of North Carolina for 
such cases; and 

WHEREAS, there being no evidence of malfeasance, misappropriation, 
misdemeanor or any other misdoing present and, taking into account the 
hardship which would be required to reimburse the Federal or State 
Governments for any of the sums of money involved by the said guardian- 
ships and, taking into account that the county government itself would be 
in error to the same extent and for the same reasons as any other echelon 
of government if repayment was accomplished from the public treasury 
of said county: Now, therefore, 

The General Assembly of North Carolina do enact: 

Section 1. That each and every guardianship which has come about by 
appointment of the Clerk of Superior Court of Dare County as set forth 
in the preamble hereto, as to the person or persons designated and in the 
amounts shown, be hereby validated and declared lawful, to the same extent 
and for the same purpose as would have served should the appointments 
have been made after the determination of competency of the recipient by 
a duly constituted court. 

Sec. 2. That each guardianship appointment validated hereby shall be 
liable under the law for any and all acts, taken in administering the respon- 
sibilities of such guardianship, to the same extent and for the same pur- 
pose as would have accrued if the appointments had been made after the 
determination of competency of the recipient by a duly constituted court. 

Sec. 3. That all laws and clauses of laws in conflict with this Act are 
hereby repealed. 

Sec. 4. That this Act shall be in full force and effect from and after its 
ratification. 

In the General Assembly read three times and ratified, this the 15th 
day of April, 1965. 

300 



1965— Session Laws Ch. 269-270 

S. B. 115 CHAPTER 269 

AN ACT TO AUTHORIZE THE GOVERNING BODY OF THE TOWN 
OF WELDON IN HALIFAX COUNTY TO SELL AND CONVEY CER- 
TAIN PROPERTY OWNED BY THE TOWN OF WELDON AND 
KNOWN AS A PART OF WEST SIXTH STREET RIGHT-OF-WAY, 
WHICH SAID STREET HAS BEEN CLOSED AND NO LONGER 
NEEDED FOR PUBLIC USE. 

The General Assembly of North Carolina do enact: 

Section 1. The governing body in the Town of Weldon, in Halifax 
County, is authorized to sell at private sale and convey that certain property, 
or any portion or portions thereof, in the Town of Weldon, Weldon Town- 
ship, Halifax County, North Carolina, being a portion of the northern 
right-of-way of West Sixth Street and more particularly described by 
courses and distances as follows: 

"BEGINNING at a point, the northern edge of the right-of-way of Sixth 
Street within the Town of Weldon at the southeast corner of the lands of 
the Atlantic Coast Line Railroad, now leased to Sinclair Refining Company, 
and subleased to Northeastern Oil Company; thence in a westerly direction 
along the northern edge of said right-of-way 130 feet more or less, to the 
southwest corner of the lot owned by the Atlantic Coast Line Railroad and 
subleased to Northeastern Oil Company; thence in a southerly direction 
approximately 12 feet; thence in an easterly direction 130 feet; thence in a 
northerly direction 12 feet to the point of BEGINNING, the same being 
a portion of the street right-of-way which lies immediately South of the 
lands of the Atlantic Coast Line Railroad now subleased to Northeastern 
Oil Company." 

The governing body of the Town of Weldon is authorized to sell at 
private sale and convey said property, or lease said property or any portion 
or portions thereof, to such persons, firms, or corporations, under such 
terms and conditions, and for such considerations as the governing body 
may deem best. 

Sec. 2. All laws and clauses of laws in conflict with this Act are hereby 
repealed. 

Sec. 3. This Act shall be in full force and effect from and after its 
ratification. 

In the General Assembly read three times and ratified, this the 16th 
day of April, 1965. 

S. B. 128 CHAPTER 270 

AN ACT TO AMEND CHAPTER 750 OF THE SESSION LAWS OF 1963 
RELATING TO THE DISTRIBUTION OF LIQUOR STORE FUNDS 
IN THE TOWN OF WADESBORO, ANSON COUNTY. 

The General Assembly of North Carolina do enact: 

Section 1. Section 6 of Chapter 750 of the Session Laws of 1963 is 
hereby rewritten to read as follows: 

301 



Ch. 270-271 1965— Session Laws 

"The Town Board of Alcoholic Control shall expend for law enforcement 
not less than five per cent (5%) nor more than ten per cent (10%) of the 
total profits, after payment of all costs and operating expenses, and after 
retaining sufficient and proper working capital, and in addition shall expend 
in its discretion not more than five per cent (5%) of the total profits 
for education as to the effect of the use of alcoholic beverage, and for 
the rehabilitation of alcoholics. Any persons appointed by the Board as a 
law enforcement officer shall have those powers and authority conferred in 
G. S. 18-45 (15) and in addition shall exercise such authority throughout 
the entire County. 

"The remainder of the net revenues shall be distributed by the Board 
as follows: fifty per cent (50%) to the General Fund of the Town of 
Wadesboro and fifty per cent (50%) to the General Fund of Anson County." 

Sec. 2. All laws and clauses of laws in conflict with this Act are hereby 
repealed. 

Sec. 3. This Act shall be in full force and effect upon its ratification. 

In the General Assembly read three times and ratified, this the 16th 
day of April, 1965. 



S. B. 156 CHAPTER 271 

AN ACT TO AUTHORIZE THE BOARD OF EDUCATION OF DAVIDSON 
COUNTY TO APPOINT A SUPERINTENDENT OF SCHOOLS FOR 
SAID COUNTY FOR A TERM OF FOUR YEARS. 

The General Assembly of North Carolina do enact: 

Section 1. At a meeting to be held on the first Monday in April, 1965, 
or as soon thereafter as practicable, and quadrennially thereafter during the 
month of April, the Davidson County Board of Education shall meet and 
elect a County Superintendent of Schools for Davidson County, subject to 
the approval of the State Superintendent of Public Instruction and the 
State Board of Education, who shall take office July 1st, and shall serve 
for a period of four (4) years, or until his successor is elected and qualified. 
Except for the four-year term of office herein fixed by this Act, the pro- 
cedure required by Section 115-353 of Volume 3A of the General Statutes 
shall be observed in naming and appointing said County Superintendent of 
Schools for Davidson County. 

Sec. 2. All laws and clauses of laws in conflict with this Act are hereby 
repealed. 

Sec. 3. This Act shall be in full force and effect from and after its 
ratification. 

In the General Assembly read three times and ratified, this the 16th 
day of April, 1965. 



302 



1965— Session Laws Ch. 272-273 

S. B. 194 CHAPTER 272 

AN ACT TO AMEND G. S. 20-309 (e) RELATING TO NOTICE TO THE 
DEPARTMENT OF MOTOR VEHICLES OF THE TERMINATION 
OF INSURANCE. 

The General Assembly of North Carolina do enact: 

Section 1. Subsection (e) of G. S. 20-309, as the same appears in the 
1963 Cumulative Supplement to Recompiled Volume 1C of the General 
Statutes of North Carolina, is hereby amended by adding a sentence to 
the end thereof to read as follows: 

"Where the insurance policy is terminated by the insured the insurer 
shall immediately notify the Department of Motor Vehicles that such in- 
surance policy has been terminated." 

Sec. 2. All laws and clauses of laws in conflict with this Act are hereby 
repealed. 

Sec. 3. This Act shall be in full force and effect from and after its 
ratification. 

In the General Assembly read three times and ratified, this the 16th 
day of April, 1965. 

H. B. 357 CHAPTER 273 

AN ACT TO EXEMPT THAT AREA OF JOHNSTON COUNTY LYING 
WITHIN ONE MILE OF THE TOWN OF WENDELL, IN WAKE 
COUNTY, FROM THE ZONING JURISDICTION OF THE TOWN OF 
WENDELL ESTABLISHED BY G. S. 160-181.2. 

The General Assembly of North Carolina do enact: 

Section 1. The Town of Wendell in Wake County is hereby prohibited 
from exercising the extraterritorial zoning jurisdiction granted to the town 
by G. S. 160-181.2 within any area of Johnston County. 

Sec. 2. The Town of Wendell under the authority of this Act shall not 
be required to increase the membership of its Planning Board, Zoning 
Commission, or Board of Adjustment to include Johnston County as re- 
quired by G. S. 160-181.2. 

Sec. 3. The Town of Wendell shall continue to have and may exercise 
the extraterritorial zoning authority within Wake County as may now or 
hereafter be granted by G. S. 160-181.2, and the exclusion of Johnston 
County from this jurisdiction shall not invalidate or otherwise affect the 
authority or jurisdiction granted to the Town of Wendell by G. S. 160-181.2. 

Sec. 4. This Act shall apply only to the Town of Wendell in Wake 
County. 

Sec. 5. All laws and clauses of laws in conflict with this Act are hereby 
repealed. 

Sec. 6. This Act shall be in full force and effect upon its ratification. 

In the General Assembly read three times and ratified, this the 16th 
day of April, 1965. 



303 



Ch. 274-275 1965— Session Laws 

H. B. 359 CHAPTER 274 

AN ACT AUTHORIZING FORSYTH COUNTY AND THE CITY OF 
WINSTON-SALEM TO APPROPRIATE NONTAX FUNDS TO THE 
WINSTON-SALEM FOUNDATION FOR CAPITAL IMPROVEMENTS 
OF FORSYTH COUNTY MEMORIAL COLISEUM. 

WHEREAS, the Winston-Salem Foundation, a nonprofit, tax exempt 
organization, owns and operates Forsyth County Memorial Coliseum; and 

WHEREAS, Forsyth County Memorial Coliseum was built with funds 
contributed by the citizens of Winston-Salem and Forsyth County as a 
memorial to those who served in World War II, and is operated for the 
benefit of the public, being leased to any responsible organization for 
public gatherings and conventions, exhibitions, trade fairs, Dixie Classic 
Fair, circuses, athletic events, rodeos, political gatherings, large banquets, 
musical events and all such other occasions and performances as a publicly 
owned and operated auditorium or coliseum may be used for; and 

WHEREAS, said Forsyth County Memorial Coliseum is paid for in 
full but its operation does not generate sufficient funds to provide ade- 
quately for necessary and desirable capital improvements to the building, 
parking areas and grounds surrounding the coliseum: Now, therefore, 

The General Assembly of North Carolina do enact: 

Section 1. The General Assembly of North Carolina does hereby find 
and declare that the operation of the Forsyth County Memorial Coliseum, 
as aforesaid, constitutes a public purpose and does hereby authorize For- 
syth County and the City of Winston-Salem to appropriate such funds as 
their respective governing boards shall determine to be reasonable and 
proper for capital improvements for Forsyth County Memorial Coliseum 
and the parking area and grounds surrounding the coliseum which are 
owned by the Winston-Salem Foundation and are used in connection with 
the operation of Forsyth County Memorial Coliseum; provided, that funds 
so appropriated shall be limited to funds derived from bonds authorized 
by vote of the county or city appropriating same or from nontax funds 
of the city or county appropriating same. 

Sec. 2. All laws and clauses of laws in conflict with this Act are hereby 
repealed. 

Sec. 3. This Act shall be in full force and effect upon its ratification. 

In the General Assembly read three times and ratified, this the 16th 
day of April, 1965. 

H. B. 383 CHAPTER 275 

AN ACT ADOPTING OFFICIAL RECORDS OF UNCOLLECTED REAL 
ESTATE TAXES FOR THE YEARS 1944 THROUGH 1950 AND REAL 
ESTATE AND PERSONAL PROPERTY TAXES FOR THE YEARS 
1951 THROUGH 1961 FOR THE COUNTY OF BUNCOMBE AND THE 
CITY OF ASHEVILLE. 

The General Assembly of North Carolina do enact: 

Section 1. In order to clarify and make more definite the tax records 
for the County of Buncombe and the City of Asheville, that certain cumula- 

304 



1965— Session Laws Ch. 275-276 

tive record of uncollected real estate taxes for the years 1944 through 
1950 designated as "Condensed Tax Scroll for the Years 1944 through 1950" 
and that certain cumulative record of uncollected real estate and personal 
property taxes for the years 1951 through 1961 designated as "Condensed 
Tax Scroll for the Years 1951 through 1961" shall, upon adoption by resolu- 
tion of the Board of Tax Supervision for Buncombe County, be declared 
the official scroll books or records of unpaid real estate taxes due the 
County of Buncombe and the City of Asheville for the years 1944 through 

1950 and unpaid real estate and personal property taxes for the years 

1951 through 1961 and be substituted in all respects for the old scroll books 
for said years. 

Sec. 2. All real estate taxes due the City of Asheville, the County of 
Buncombe or the Board of Tax Supervision for Buncombe County for the 
years 1944 through 1950 and all real estate and personal property taxes 
for the years 1951 through 1961 which do not appear as unpaid or assigned 
on said Condensed Tax Scrolls shall, upon the adoption of said scrolls by 
resolution of the Board of Tax Supervision, be conclusively presumed to 
have been paid, and the Tax Collector of the Board of Tax Supervision for 
Buncombe County shall not be responsible for the omission from such 
Condensed Tax Scrolls of any unpaid real estate taxes for the years 1944 
through 1950 and any unpaid real estate and personal property taxes for 
the years 1951 through 1961. 

Sec. 3. All laws and clauses of laws in conflict with the provisions of 
this Act are hereby repealed. 

Sec. 4. This Act shall be in full force and effect upon its ratification. 

In the General Assembly read three times and ratified, this the 16th 
day of April, 1965. 



H. B. 390 CHAPTER 276 

AN ACT AUTHORIZING BERTIE COUNTY LAW ENFORCEMENT 
OFFICERS' RELIEF ASSOCIATION TO TRANSFER $2,000.00 FROM 
ITS RELIEF FUND TO BUILDING FUND. 

The General Assembly of North Carolina do enact: 

Section 1. The Bertie County Law Enforcement Officers' Relief Associa- 
tion is authorized and empowered to transfer two thousand dollars 
($2,000.00) from the Bertie County Law Enforcement Officers' Relief Fund 
(this being the fund from which the association pays premiums on group 
life and disability insurance on its members) to the Bertie County Law 
Enforcement Officers' Relief Association Building Fund; and to use and 
expend the said two thousand dollars ($2,000.00) thus paid into the Bertie 
County Law Enforcement Officers' Relief Association Building Fund in 
payment upon the cost of construction and equipment of the said Associa- 
tion's Clubhouse on the lot leased by it on the Bertie County Farm Tract, 
or to pay or repay all or part of the principal and interest of any existing 
loans or indebtednesses made or incurred by said Association in the con- 
struction and equipment of its said Clubhouse. 

305 



Ch. 276-277-278 1965— Session Laws 

Sec. 2. All laws and clauses of laws in conflict with the provisions of 
this Act are hereby repealed. 

Sec. 3. This Act shall be in full force and effect from and after its 
ratification. 

In the General Assembly read three times and ratified, this the 16th 
day of April, 1965. 

H. B. 401 CHAPTER 277 

AN ACT TO AMEND GENERAL STATUTES SECTION 105-392 (f) IN 
ITS APPLICATION TO THE COLLECTION OF SPECIAL ASSESS- 
MENTS BY THE CITY OF RALEIGH. 

The General Assembly of North Carolina do enact: 

Section 1. That General Statutes Section 105-392 (f) be amended by 
adding at the end thereof the following: 

"The judgments provided for in subsection (a) of this Section shall, in 
the case of special assessments, be filed not less than six months nor more 
than two years from the date of default in the payment of such assessments 
or of any installment thereof. Judgments shall be taken against the owner 
or owners of the property at the time the assessment was made and reg- 
istered or certified mail notices as required by subsections (a) and (c) 
hereof shall be mailed to the last known address of the person who owned 
the property at the time the assessment was made and, if known, to the 
owners of the property at the time the notices are mailed." 

Sec. 2. This Act shall apply to the City of Raleigh only. 

Sec. 3. All laws and clauses of laws in conflict with this Act are 
repealed. 

Sec. 4. This Act shall become effective upon its ratification. 

In the General Assembly read three times and ratified, this the 16th 
day of April, 1965. 

H. B. 405 CHAPTER 278 

AN ACT ENABLING THE TOWN OF CHAPEL HILL TO CONTROL THE 
APPEARANCE OF STRUCTURES IN CERTAIN DISTRICTS. 

The General Assembly of North Carolina do enact: 

Section 1. Legislative findings. It is hereby determined and declared 
as a matter of legislative finding: 

(a) That as the site of the first State University in the Nation, char- 
tered in 1789 and opening its doors to students in 1795, the Town of Chapel 
Hill has a special place in the historical and cultural heritage of the State. 

(b) That the State of North Carolina has through the years made a 
very considerable investment in the Town of Chapel Hill for the purpose 
of creating a University of worldwide stature and providing it with the 
many expensive facilities required by such a University. 

(c) That the strength of the University and the investment in its build- 
ings may be damaged to a considerable degree by failing to afford protection 

306 



1965 — Session Laws Ch. 278 

to the character of the Town of Chapel Hill in which the University is 

situated. . , 

(d) That the special character of the Town of Chapel Hill is a sub- 
stantial inducement in attracting faculty members of distinction and re- 
taining such members, who are of critical importance in maintaining the 
strength of the University. 

(e) That the pleasant character of the Town of Chapel Hill, which has 
been characterized as "The Southern Part of Heaven," has been an impor- 
tant factor in attracting visitors from throughout the world, contributing 
greatly to the wealth of the town and of the State. 

(f) That because of the special character of the Town of Chapel Hill, 
large numbers of distinguished citizens from throughout the country have 
come to live in Chapel Hill upon their retirement, adding significant financial 
and human resources to the State. 

(g) That the pleasant character of the Town of Chapel Hill has played 
an important role in attracting industrial and other laboratories and eminent 
scientists to the Research Triangle, thus contributing greatly to the 
prosperity of the State. 

(h) That the special character of the Town of Chapel Hill, built through 
the loving care of its citizens for many generations, is currently threatened 
by rapid, uncoordinated, and in some cases noxious development, and that 
it is in the interest of the State as a whole that every effort be made to 
forestall such destruction. 

Sec. 2. As a means of preserving and enhancing the character of the 
Town of Chapel Hill, the governing board of said town is specially author- 
ized, as part of its zoning ordinance adopted pursuant to Article 14 of 
Chapter 160 of the General Statutes and any special Acts relating thereto, 

to: 

(a) Designate areas within the town and the surrounding territory sub- 
ject to its jurisdiction which shall be subject to special controls of the types 
authorized herein. Such areas may specifically include the central business 
district of the town, areas abutting the University campus, areas abutting 
the principal entrances to the town, and such other areas as the governing 
board may find to be especially significant to preservation of the visual 
character of the town. 

(b) Create and appoint a special Appearance Commission consisting 
of not less than three nor more than seven members, a majority of whom 
shall have had special training or experience in a design profession. Mem- 
bers shall be appointed for such terms, not to exceed five years, as may 
be specified by the town governing board. Any officer of the Chapel Hill 
Planning Board may be designated to serve on such commission, ex officio, 
by the ordinance creating said commission. 

(c) Provide that no building or structure (including stone walls, fences, 
light fixtures, steps and pavement, landscaping, or other appurtenant fea- 
tures) nor any type of outdoor advertising sign shall be erected, altered, 
restored, or moved within any area of special control until after an applica- 
tion for a certificate of appropriateness as to exterior architectural fea- 
tures shall have been submitted to and approved by the Appearance Commis- 

307 



Ch. 278 1965— Session Laws 

sion. Such a certificate may be required prior to the issuance of a building 
permit or any other permit granted for purposes of constructing or altering 
structures, and may also be required in circumstances where a building 
permit is not required. 

In its review of plans and specifications, the commission shall examine 
the proposed architectural style and general design, the exterior surface 
treatment (including kind and texture of building material and color or 
colors), the arrangement and location of building and structures on the 
site in question and their relationship to other buildings and structures, 
proposed landscaping and the type and style of all windows, doors, light 
fixtures, signs, and other appurtenant features. In the case of outdoor ad- 
vertising signs, "exterior architectural features" shall be construed to 
mean the style, material, size, colors, and location of all such signs. 

The commission shall not consider interior arrangement or use and 
shall take no action under this Section except for the purposes of preventing 
the construction, reconstruction, alteration, restoration, or moving of build- 
ings, structures, appurtenant features, or outdoor advertising signs which 
it finds would adversely affect or be obviously incongruous with (1) existing 
or planned development in the area, (2) the general character of the town 
as evidenced by patterns of existing development and by any plans officially 
adopted by the Planning Board, (3) the setting for any public building or 
buildings, or (4) the maintenance and enhancement of the value of neighbor- 
ing properties. 

Prior to issuance or denial of a certificate of appropriateness, the com- 
mission shall take such action as may reasonably be required to inform 
the owners of any property likely to be materially affected by the applica- 
tion, and shall give the applicant and such owners an opportunity to be 
heard. In cases where the commission deems it necessary, it may hold a 
public hearing concerning the application. Any appeal shall be taken to 
the Board of Adjustment from the commission's action in granting or 
denying the certificate, in the same manner as any other appeal to such 
board. Any appeal from the Board of Adjustment's decision in any such 
case shall be heard by the Orange County Superior Court in the same 
manner as any other appeal from the Board of Adjustment. 

Sec. 3. Should any Section, clause, or provisions of this Act be declared 
by the courts to be unconstitutional or invalid for any reason, such decision 
shall not affect the validity of the Act as a whole nor any part thereof other 
than the part so decided to be unconstitutional or invalid. 

Sec. 4. All laws and clauses of laws in conflict herewith are hereby 
repealed to the extent of such conflict. 

Sec. 5. This Act shall become effective upon its ratification. 

In the General Assembly read three times and ratified, this the 16th 
day of April, 1965. 



308 



1965— Session Laws Ch. 279-280 

H. B. 430 CHAPTER 279 

AN ACT TO INCREASE THE NUMBER OF COMMISSIONERS FOR 
THE TOWN OF HASSELL IN MARTIN COUNTY. 

The General Assembly of North Carolina do enact: 

Section 1. Section 3 of Chapter 96 of the Private Laws of 1903 is hereby 
amended by striking from the second line thereof the word "three" and 
substituting in lieu thereof the word "five". 

Sec. 2. All laws and clauses of laws in conflict with this Act are hereby 
repealed. 

Sec. 3. This Act shall become effective upon its ratification. 

In the General Assembly read three times and ratified, this the 16th 
day of April, 1965. 

H. B. 432 CHAPTER 280 

AN ACT TO AMEND CHAPTER 163 OF THE SESSION LAWS OF 1963, 
BEING THE CHARTER OF THE CITY OF WASHINGTON. 

The General Assembly of North Carolina do enact: 

Section 1. The Charter of the City of Washington, as it appears in 
Section 1 of Chapter 163 of the Session Laws of 1963, is hereby amended in 
the following respects: 

(a) Article XVII is hereby amended by inserting therein a new Section, 
immediately following Section 17.2, to be designated as Section 17.3, and to 
read as follows: 

"Sec. 17.3. Disposal of Surplus Personal Property. The City Council 
shall have power, in addition to the power granted by G. S. 160-59, to sell 
or to direct any of its officers or employees to sell any personal property, 
which the Council has declared to be surplus property, in the following 
manner: 

(a) Without bids or advertisement, at private sale, if the property has 
a market value of five hundred dollars ($500.00) or less; 

(b) To the highest bidder upon receipt of informal written bids, with 
only such advertisement as the board may direct, if the property has a 
market value of more than five hundred dollars ($500.00) but no more than 
two thousand dollars ($2,000.00); provided, all such bids received shall be 
recorded on the minutes of the board; 

(c) To the highest bidder upon receipt of sealed bids after one week's 
public notice, if the property has a market value in excess of two thousand 
dollars ($2,000.00); provided, all such sealed bid proposals shall be opened 
in public and recorded on the minutes of the board." 

(b) Article XIX is hereby amended by inserting therein two new Sec- 
tions, immediately following Section 19.3, to be designated as Sections 19.4 
and 19.5, and to read as follows: 

"Sec. 19.4. Subdivision Control Authority. The City Council shall have 
such authority to enact subdivision control ordinances and regulations as is 
granted by general law; provided, that, as an alternative to exercising such 
authority within the territory lying outside and within one mile of the 

309 



Ch. 280-281 1965— Session Laws 

corporate limits as provided in G. S. 160-226, the City Council may exercise 
such authority within boundaries which it may establish coincident with, 
or with reference to, geographic boundaries, either natural or man-made; 
provided, that such boundaries shall be established, insofar as is practicable, 
to encompass territory lying within a distance of approximately one mile of 
the corporate limits; but in no event shall such boundaries be established 
to encompass territory lying more than one and one-half miles distant 
from the corporate limits; provided, further, that in the event of land lying 
outside the corporate limits, within boundaries established pursuant to 
this Section, and lying within the boundaries of the extraterritorial subdi- 
vision jurisdiction of another municipality, the City Council may enact ordi- 
nances or regulations with respect to such land only upon receipt of a 
resolution duly adopted by the governing body of such other municipality 
consenting to the enactment of such ordinances or regulations." 

"Sec. 19.5. Water and Sewer Assessments; Corner Lot Exemptions. The 
City Council shall have power to establish, by ordinance or resolution, 
schedules of exemptions from assessments for water and sewer extensions, 
made under authority of general or special law, for corner lots when water 
and sewer lines are installed along both sides of such lots and when the 
cost of such installations along both sides were or are financed in whole or 
in part by assessments. The schedules of exemptions may be classified as 
to land use (residential, commercial, industrial, institutional, or agricultural) 
and shall be uniform within each classification. Provided, no schedule of 
exemption may provide for exemption of more than two hundred (200) 
lineal feet of the frontage on any side of a corner lot." 

Sec. 2. All laws and clauses of laws in conflict with the provisions of 
this Act are hereby repealed. 

Sec. 3. This Act shall be in full force and effect upon its ratification. 

In the General Assembly read three times and ratified, this the 16th 
day of April, 1965. 

H. B. 437 CHAPTER 281 

AN ACT TO AMEND SECTION 2, CHAPTER 872, OF HOUSE BILL 
1020, OF THE GENERAL STATUTES OF NORTH CAROLINA RE- 
LATING TO THE ESTABLISHMENT OF A FEE FOR THE 
ISSUANCE OF A BUILDING PERMIT WITHIN THE ONE-MILE 
PERIMETER AREA OF SALISBURY. 

The General Assembly of North Carolina do enact: 

Section 1. Section 2, Chapter 872, of House Bill 1020, Session Laws of 
1957, is hereby amended by deleting the last sentence reading: "No fee 
shall be charged for such permit.", and inserting in lieu thereof: "The 
governing body of the City of Salisbury may establish a fee for the 
issuance of such permit not to exceed the cost of a comparable permit 
issued for construction within the city limits of Salisbury." 

Sec. 2. That this Act shall apply to the City of Salisbury only. 

Sec. 3. All laws or clauses of laws in conflict with this Act are hereby 
repealed to the extent of such conflict. 

310 



1965— Session Laws Ch. 281-282 

Sec. 4. That this Act shall be in full force and effect from and after 
its ratification. 

In the General Assembly read three times and ratified, this the 16th 
day of April, 1965. 

S. B. 191 CHAPTER 282 

AN ACT TO AMEND CHAPTER 115, SESSION LAWS OF 1963, THE 
SAME BEING THE CHARTER OF THE CITY OF LUMBERTON, 
NORTH CAROLINA. 

The General Assembly of North Carolina do enact: 

Section 1. It is the purpose of this Act to abolish primary elections in 
the City of Lumberton, to establish eight election wards or precincts, to 
provide for the election of one councilman from each ward or precinct, who 
shall be elected by the voters of the City of Lumberton at large, and to 
provide for the municipal elections to be held by the Robeson County 
Board of Elections. 

Sec. 2. Subsection (a) of Section 1, Article III, Chapter 115, Session 
Laws of 1963, is hereby amended by rewriting subsection (14) thereof to 
read as follows: 

"(14) To enter into contracts and agreements with the officials of any 
other lawfully constituted authority having the power to conduct, govern 
and regulate elections in Robeson County with respect to sharing expenses 
and use of voting machines, election equipment or furniture, or other ex- 
penses of conducting elections, and to enter into contracts and agreements 
with such authorities (particularly the Robeson County Board of Elections) 
under the terms of which such authorities may perform any or all of the 
duties and functions of the City Council or City Clerk provided for in this 
Article, and under the terms of which such authorities may appoint 
registrars to act in both city and county elections, maintain registration 
books to be used in both city and county elections, prepare ballots, conduct 
elections and maintain the custody of registration books and election equip- 
ment." 

Sec. 3. Subsection (b) of Section 2, Article III, Chapter 115, Session 
Laws of 1963, is hereby amended by deleting the word "primary" in line 4 
thereof. 

Sec. 4. Section 2, Article III, Chapter 115, Session Laws of 1963, is 
further amended by striking therefrom subsection (c) in its entirety. 

Sec. 5. Subsection (a) of Section 6, Article III, Chapter 115, Session 
Laws of 1963, is hereby amended by deleting therefrom that portion be- 
ginning with the word "Upon" in line 4 thereof, and ending with the word 
"provided" in line 13 thereof, and inserting in lieu thereof the following: 

"Upon the ballots, the names of the candidates of the respective offices 
shall be arranged in the following order: 

"The candidates for Mayor shall be listed at the top of the ballot and 
the candidates for Councilmen shall be listed by ward numbers, in numerical 
order, and within each ward designation the names of the candidates from 
that ward shall be arranged so as to allow the presentment of the names 

311 



Ch. 282 1965 — Session Laws 

of the candidates within said ward on a rotating system by dividing the 
highest number of candidates within any one precinct by the total number 
of ballots prepared. 

"There shall be placed on the left of each name a square for the purpose 
of designating the vote cast. There shall appear on the ballot the following: 
'Vote for one from each ward'. The ballots shall be prepared in such way 
as to leave sufficient space below each name thereon so that a voter can 
strike out a printed name and write in another name below it. Only sufficient 
space for this purpose shall be provided, and blank lines and voting squares 
for write-in votes shall not be printed on the ballot, unless there are no 
candidates for a particular office, in which case spaces for write-in votes on 
the ballot shall be provided." 

Section 6 is further amended by deleting from line 3 of subsection (b) 
the words "primary or". 

Sec. 6. Section 10, Article III, Chapter 115, Session Laws of 1963, is 
hereby amended by deleting the words "City primary, or both" in line 2 
thereof. 

Sec. 7.. Section 11, Article III, Chapter 115, Session Laws of 1963, is 
hereby rewritten to read as follows: 

"Sec. 11. Applicable General Statutes Provisions: In addition to the pro- 
visions set forth in this Charter respecting municipal elections, elections in 
the City of Lumberton shall be governed by and conducted in accordance 
with the pertinent provisions of Chapter 163 of the General Statutes of the 
State of North Carolina. In the event the City of Lumberton enters into an 
agreement for the conducting of any election hereunder, then and in that 
event, all pertinent provisions of the General Statutes of North Carolina, 
Chapter 163, shall govern and control, except with respect to those pro- 
visions which are in conflict with this Charter respecting dates of elections, 
candidates for office, filing of candidates and placement of names on a 
ballot. Notwithstanding any other provisions of this Charter or any other 
law, the governing body of the City of Lumberton and the Robeson County 
Board of Elections are expressly authorized to enter into contracts and 
agreements, upon such terms and conditions as may be mutually agreed, 
for the use of the County registration books, process or records and for the 
use of equipment, personnel, and for the registration of voters, the holding, 
conducting and supervision of all municipal elections. 

"In the event the governing body of the municipality requests the County 
Board of Elections, by resolution duly adopted, to conduct the municipal 
elections, it shall, on the date specified in this Charter, hold, conduct, and 
supervise all regular and special elections in the municipality in accordance 
with the provisions of law applicable to registration of voters and holding 
of general elections in Robeson County, except as provided herein. Upon 
agreement that the County registration books shall be used in the municipal 
elections, then all persons duly registered in the County books, who live 
within the corporate limits, shall be entitled to vote in any election held in 
the municipality. The municipal registration books previously used by the 
City shall no longer be used in elections and shall be impounded by the 



312 



1965— Session Laws Ch. 282 

City Manager. The County registration books for the precincts within 
the City shall remain in the custody of the Robeson County Board 
of Elections." 

Sec. 8. Subsection (3) of Section 4, Article III, Chapter 115, Session 
Laws of 1963, is hereby amended by deleting from lines 2 and 3 thereof 
the following words "to divide the municipality into appropriate precincts 
or wards,". 

Sec. 9. Subsection (b) of Section 3, Article II, Chapter 115, Session 
Laws of 1963, is hereby amended by striking all of the last two sentences 
thereof beginning with the word "In" in line 19, and inserting in lieu 
thereof the following: "Notwithstanding any other provisions of this 
Charter, the municipal elections in the City of Lumberton shall be held on 
the last Saturday in May of 1965, and biennially thereafter. In the municipal 
election in 1965, and biennially thereafter, there shall be elected one council- 
man from each ward or precinct. The person from each ward or precinct, 
receiving the highest number of votes of the persons running from said 
ward or precinct, shall be declared elected." 

Sec. 10. Subsection (b) of Section 5, Article II, Chapter 115, Session 
Laws of 1963, is hereby amended by deleting in line 1 thereof the words 
"first Monday", and inserting in lieu thereof the words, "last Saturday". 

Sec. 11. Subsection (a) of Section 1, Article III, Chapter 115, Session 
Laws of 1963, is hereby amended by deleting in line 5 and 6 thereof, the 
following words: "establish, define, combine and rearrange election precincts 
or wards within the City, and to". 

Sec. 12. Article III, Chapter 115, Session Laws of 1963, is hereby 
amended by adding a new Section at the end thereof to read as follows: 

"Sec. 13. Election Wards or Precincts: There shall be eight election 
wards or precincts, as hereinafter described, which shall not be changed 
except by an Act of the General Assembly. Provided, however, that in the 
event the corporate limits of the City of Lumberton are extended, the 
Board of Elections shall enlarge the nearest ward or precinct so as to include 
the annexed area therein. The eight wards or precincts shall be established 
as hereinafter described, to wit: 

"No. 1. BEGINNING at a point in the intersection of the center line 
of 29th Street and Elm Street and runs thence with the center line of 29th 
Street, North 85 degrees 45 minutes West about 2900 feet to a point in 
the center line of the main line of the V & CS Railroad; thence still 
with the center line of 29th Street in a northwesterly direction about 1000 
feet to a point in the present (1965) corporate limit line of the City of 
Lumberton, North Carolina, said point being 430 feet at right angles in a 
northwestwardly direction from the center line of Interstate Highway 
Number 95; thence with the present (1965) corporate limit line of the City 
of Lumberton, N. C, and 430 feet at right angles northwest of the center 
line of Interstate Highway Number 95 and in a northeasterly direction about 
3550 feet to a point in the northeast line of N. C. Highway Number 211, 
said point being a corner of the present (1965) corporate limits of the 
City of Lumberton, N. C, and said point being 50 feet at right angles north- 
east of the center line of N. C. Highway Number 211; thence parallel with 

313 



Ch. 282 1965— Session Laws 

and 50 feet at right angles northeast of the center line of said N. C. High- 
way Number 211, North 35 degrees 46 minutes West about 265.15 feet 
to an iron stake, said iron stake being a corner between the lands of the 
Greenbrier Hotel and O. C. Norment; thence with the Norment and Green- 
brier Motel line, North 44 degrees and 02 minutes East 501.2 feet to an 
iron stake; thence about North 18 degrees and 25 minutes East about 
243 feet to a stake in the run of Meadow Branch Canal; thence with the 
run of Meadow Branch Canal the following courses and distances: North 
62 degrees 11 minutes West about 100 feet to a point in Meadow Branch 
Canal in the present (1965) corporate limit line of the City of Lumberton; 
thence still with the run of Meadow Branch Canal and the corporate limit 
line South 78 degrees 14 minutes West 78.0 feet to a point; thence South 
73 degrees 22 minutes West 640.6 feet to a point in the run of Meadow 
Branch Canal and on the northeast side of N. C. Highway Number 211, 
said point being 30 feet at right angles northeast of the center line of 
said Highway; thence parallel with and 30 feet at right angles northeast 
of the center line of said Highway, North 37 degrees and 00 minutes West 
1037.0 feet to an iron stake on the North side of N. C. Highway Number 
211, said iron stake being a corner of the 1965 corporate limits of the City 
of Lumberton, and said iron stake also being a corner of the Recreation 
Facilities of Lumberton, N. C, Incorporated, property; thence with the 
East line of said Recreation Facilities property and the 1965 corporate 
limit line of the City of Lumberton, North 53 degrees 00 minutes East 750.8 
feet to an iron stake, said iron stake being the northeast corner of the 
Recreation Facilities property and a corner of the corporate limits; thence 
with and beyond the North line of the Recreation Facilities property and 
with the present (1965) corporate limit line of the City of Lumberton, 
N. C, North 64 degrees 15 minutes West 559.73 feet to an iron stake, a 
corner of the corporate limits; thence with the present (1965) corporate 
limit line of the City of Lumberton, N. C, the following courses and dis- 
tances: North 21 degrees 43 minutes East 284.94 feet; North 71 degrees 
00 minutes East 220 feet; South 50 degrees 00 minutes East 140 feet; 
North 71 degrees 35 minutes East 115 feet; North 84 degrees 53 minutes 
East 160 feet; South 32 degrees 00 minutes East 150 feet; North 73 degrees 
25 minutes East 140 feet; North 52 degrees 57 minutes East 331 feet; North 
66 degrees 00 minutes East 192 feet; North 83 degrees 08 minutes East 180 
feet; South 77 degrees 45 minutes East 265 feet; South 82 degrees 42 
minutes East 115 feet; North 63 degrees 30 minutes East 70 feet; and 
South 72 degrees 41 minutes East 224.7 feet to an iron stake in the West 
line of Interstate Highway Number 95, said iron stake being 130 feet at 
right angles West of the center line of said Highway; thence with the 
West line of said Highway and parallel with and 130 feet at right angles 
West of the center line of said Highway and with the present (1965) cor- 
porate limit line of the City of Lumberton about South 17 degrees 19 
minutes West 2048.43 feet to a point in the run of Meadow Branch Canal; 
thence still with the 1965 corporate limit line of the City of Lumberton, 
N. C, in a southeasterly direction and with the run of Meadow Branch 
Canal about 1350 feet to a point in the intersection of Meadow Branch 

314 



1965— Session Laws Ch. 282 

Canal and Polecat Branch; thence with the run of Polecat Branch in a north- 
easterly direction about 1700 feet to a point in the bend of Polecat Branch; 
thence still with the run of Polecat Branch in a southeasterly direction about 
300 feet to a point in the run of Polecat Branch, said point being a corner 
between the lands of Hector MacLean and W. D. Linkhaw and said point also 
being a corner of the 1965 corporate limits of the City of Lumberton, N. C; 
thence with the MacLean-Linkhaw line and the present (1965) corporate 
limit line (leaving the run of Polecat Branch), the following courses and 
distances: North 23 degrees 30 minutes East 710.1 feet; North 64 degrees 
29 minutes West 1156 feet, and North 26 degrees 28 minutes East 2117.6 
feet to a stake in the run of Ivey's Branch in the dividing line between 
the lands of Hector MacLean and W. D. Linkhaw; thence leaving the 
MacLean-Linkhaw line and running with the run of Ivey's Branch and 
the corporate limit line, South 79 degrees 58 minutes East 1148.4 feet to 
a stake in the run of Ivey's Branch in the West line of U. S. Highway 
Number 301-A, said point being 50 feet at right angles West of the center 
line of said Highway and said point also being a corner of the 1965 cor- 
porate limits of the City of Lumberton, N. C; thence with the said cor- 
porate limit line and parallel with and 50 feet at right angles West of the 
center line of U. S. Highway Number 301-A South 03 degrees 04 minutes 
West 2263.4 feet to a stake; thence crossing U. S. Highway 301-A and 
running to and with the North line of the Lumberton City Schools property, 
South 86 degrees 56 minutes East 947.63 feet to an iron stake in the 
West edge of the bottom of a canal; thence still with the corporate limit line 
and the run of said canal, South 61 degrees 13 minutes East 1011.2 feet to a 
stake in the canal, a corner of the Lumberton City Schools property; thence 
still with the Lumberton City School line and the corporate limit line of 
the City of Lumberton, N. C, the following courses and distances: South 21 
degrees 02 minutes West 1014 feet and North 68 degrees 00 minutes West 
1551 feet to a point on the East side of U. S. Highway Number 301-A, a 
corner of the Lumberton City Schools property; thence leaving the Lum- 
berton City Schools property and running South 03 degrees 04 minutes 
West 132.66 feet to a stake in the bottom of Polecat Branch; thence still 
with the 1965 corporate limit line and the run of Polecat Branch the follow- 
ing courses and distances: North 89 degrees 37 minutes West 43.35 feet and 
North 65 degrees 22 minutes West 38.4 feet to a stake in the run of Polecat 
Branch in the East line of U. S. Highway Number 301-A, said point being 
50 feet at right angles West of the center line of said Highway; thence 
with the West right of way line of said Highway and parallel with the 
center line thereof, South 03 degrees 04 minutes West 952.4 feet to a 
point in said right of way line; thence with the curved western right of 
way line of said Highway the following courses and distances: South 03 
degrees 29 minutes West 100 feet; South 07 degrees 07 minutes West 100 
feet; South 11 degrees 10 minutes West 100 feet; South 15 degrees 16 
minutes West 100 feet; South 19 degrees 16 minutes West 100 feet and 
South 21 degrees 57 minutes West 49.8 feet; thence still with the western 
right of way line of U. S. Highway Number 301-A and parallel with and 
50 feet at right angles West of the center line of said Highway South 22 

315 



Ch. 282 1965— Session Laws 

degrees 06 minutes West 1024 feet to a point in the center line of Meadow 
Branch Canal; thence with the run of said Meadow Branch Canal in a 
southeasterly direction about 1150 feet to a point in the center line of the 
main line of the V & CS Railroad; thence with the center line of the V & CS 
Railroad in a southwesterly direction about 1600 feet to a point in the inter- 
section of the center line of the V & CS Railroad with the center line of 
Godwin Avenue; thence with the center line of Godwin Avenue in a north- 
westerly direction about 1400 feet to a point in the intersection of the 
center line of Godwin Avenue with the East line of Cedar Street; thence 
to and with the center line of 24th Street in a northwesterly direction about 
1600 feet to a point in the intersection of the center line of 24th Street 
with the center line of Elm Street; thence with the center line of Elm Street 
North 4 degrees 15 minutes East about 1350 feet to the BEGINNING. 

"No. 2. BEGINNING at a point in the intersection of the center lines 
of Elm and Twenty-Fourth (24th) Streets and runs thence in an easterly 
direction with the center line of 24th St. about 1600 feet to a point in the 
intersection of the East line of Cedar Street with the center line of Godwin 
Avenue; thence with the center line of Godwin Avenue in a southeasterly 
direction about 1400 feet to a point in the center line of the main line 
of the V & CS Railroad; thence with the center line of the main line of 
the V & CS Railroad in a northeasterly direction about 1600 feet to a 
point in the run of Meadow Branch Canal in the present (1965) corporate 
limit line of the City of Lumberton, North Carolina; thence with the cor- 
porate limit line of the City of Lumberton in a southeasterly direction and 
with the run of Meadow Branch Canal about 1400 feet to a point in the 
center line of Alexander Street Extended; thence still with the 1965 cor- 
porate limit line and the center line of Alexander Street Extended North 26 
degrees 35 minutes East 1586.8 feet to a point in the bend of said street; 
thence continuing with the said street South 80 degrees 40 minutes East 
409.7 feet to a point in the street; thence still with the street North 76 
degrees 15 minutes East 520.4 feet to a point in said street; thence as 
said street South 89 degrees 02 minutes East 194.6 feet to a point in 
said street opposite a ditch; thence to and with said ditch North 00 degrees 
11 minutes East 1164.2 feet to a stake in the bottom of said ditch, said stake 
being in the intersection of the above referred to ditch with an intersecting 
ditch; thence still with the corporate limit line and with the said intersect- 
ing ditch South 76 degrees and 40 minutes East 638.9 feet to a stake in 
the ditch; thence South 72 degrees 27 minutes East 150.1 feet to a stake 
in the ditch; thence with and beyond said ditch South 72 degrees 00 minutes 
East 112.6 feet to a stake, corner of a tract of land owned by Lee Vernon 
Rogers; thence with the Rogers' line South 70 degrees 28 minutes East 115.5 
feet to an iron stake in the Gavintown Road; thence South 70 degrees and 
28 minutes East 205.5 feet to a stake in a field; thence parallel with and 
200 feet at right angles East of the Gavintown Road and still with the 
corporate limit line of the City of Lumberton the following courses and 
distances: South 6 degrees and 13 minutes West 1480.8 feet; South 4 degrees 
and 00 minutes East 142.3 feet; South 13 degrees 03 minutes East 184.1 
feet and South 5 degrees and 03 minutes West 234.7 feet crossing N. C. 

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1965— Session Laws Ch. 282 

Highway Number 41 to a stake on the South side of said Highway, said 
stake being 50 feet at right angles from the center line of said Highway; 
thence still with the corporate limit line of the City of Lumberton and 
parallel with and 50 feet at right angles from the center line of said N. C. 
Highway Number 41 the following courses and distances: South 85 degrees 
57 minutes West 94.9 feet; South 82 degrees 45 minutes West 108.4 feet; 
South 79 degrees 57 minutes West 86.5 feet; South 76 degrees 53 minutes 
West 97.3 feet and South 74 degrees and 20 minutes West 71.9 feet to a 
point in a graded road, said point being 50 feet at right angles South of 
the center line of N. C. Highway Number 41 and said point also being a 
corner of the 1965 corporate limit line of the City of Lumberton, N. C; 
thence leaving the corporate limit line and running in a northwesterly 
direction about 50 feet to the center line of N. C. Highway Number 41; 
thence with the center line of N. C. Highway Number 41 in a southwesterly 
direction about 3850 feet to a point in the center line of the V & CS Rail- 
road main line; thence leaving the center line of N. C. Highway Number 41 
and running in a southwesterly direction with the center line of the main 
line of the V & CS Railroad about 1400 feet to a point in the center line 
of Tenth (10th) Street; thence leaving the V & CS Railroad and running 
with the center line of 10th Street in a northwesterly direction about 2650 
feet to a point in the center line of Elm Street; thence with the center 
line of Elm Street in a northeasterly direction about 3700 feet to the 
BEGINNING. 

"No. 3. BEGINNING at a point in the intersection of the center line 
of N. C. Highway Number 41 with the center line of the main line of 
the V & CS Railroad and runs thence with the center line of N. C. Highway 
Number 41 in a northeasterly direction about 4350 feet to a point in the 
center line of N. C. Highway Number 41 opposite a graded road leading 
southwardly from N. C. Highway Number 41; thence in a southeasterly 
direction about 50 feet to a point in said graded road, said point being a 
corner of the present (1965) corporate limits of the City of Lumberton, 
N. C; thence with said graded road and the 1965 corporate limit line of 
the City of Lumberton, N. C, the following courses and distances: South 
16 degrees 44 minutes East 357.3 feet; South 5 degrees 27 minutes West 
668.9 feet; South 06 degrees and 07 minutes West 1166.8 feet and South 09 
degrees 28 minutes West 320.7 feet to a point in the road; thence leaving 
said road and running South 40 degrees 58 minutes East 1485.4 feet to a 
stake in a grove of woods; thence parallel with and 135 feet East of the 
center line of Linwood Avenue Extended (said 135 feet being measured at 
right angles to the center line of said avenue) South 23 degrees 21 minutes 
West 989.3 feet to an iron stake in a field, said iron stake being 405 feet 
at right angles North of the center line of Seventh (7th) Street Extended; 
thence parallel with and 405 feet at right angles North of the center line 
of 7th Street Extended South 85 degrees 45 minutes East 716.4 feet to a 
stake; thence North 02 degrees 15 minutes East 1230 feet to a stake; 
thence South 86 degrees East 507 feet to a stake; thence South 5 degrees 
30 minutes West 496 feet to a stake; thence South 85 degrees 30 minutes 
East 1110 feet to a stake; thence South 51 degrees 30 minutes East 686 

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Ch. 282 1965— Session Laws 

feet to a stake in what is known as the Paul Harrell Road; thence with the 
said Paul Harrell Road South 50 degrees 03 minutes West 1034.9 feet to 
the center line of 7th Street Extended; thence along the center line of 7th 
Street Extended South 85 degrees 45 minutes East 81.2 feet to a point; 
thence leaving said 7th Street Extended and running to, with and beyond a 
ditch South 38 degrees 24 minutes East 697.47 feet to a point, said point 
being South of the center line of 7th Street Extended and 513 feet at 
right angles from the center line thereof; thence parallel with and 513 
feet at right angles from the center line of said street North 85 degrees 
45 minutes West about 1450 feet to a stake in the East line of Bryan Street; 
thence with the East line of Bryan Street South 05 degrees 02 minutes 
West 54.01 feet to a stake in the East line of Bryan Street; thence crossing 
Bryan Street and running to and with the South line of Fifth (5th) Street, 
North 85 degrees 45 minutes West about 486 feet to a point in the 1965 
corporate limit line of the City of Lumberton, N. C; thence with the 1965 
corporate limit line of the City of Lumberton, N. C, South 04 degrees 15 
minutes West about 650 feet to a point in the center line of McPhail Road; 
thence with the center line of McPhail Road, in a southwesterly direction 
about 1300 feet to a point in the center line of Second (2nd) Street; thence 
with the center line of 2nd Street and to and with the center line of 5th 
Street in a northwesterly direction about 4000 feet to a point in the inter- 
section of the center line of 5th Street with the center line of the main 
line of the V & CS Railroad; thence with the center line of the main line 
of the V & CS Railroad in a northeasterly direction about 3000 feet to the 
BEGINNING. 

"No. 4. BEGINNING at a point in the center line of the bridge on 
Chippewa Street above the North bank of Lumber River in the 1965 cor- 
porate limit line of the City of Lumberton, N. C, and runs thence along 
the center line of Chippewa Street in a northeasterly direction about 2300 
feet to a point in the center line of the main line of the S.A.L. Railroad; 
thence with the center line of the main line of the S.A.L. Railroad in a 
southeasterly direction about 1200 feet to a point in the center line of 
Mill Street Extended; thence to and with the center line of Mill Street 
Extended in a northeasterly direction about 1200 feet to a point in the 
center line of "A" Avenue Extended; thence with the center line of "A" 
Avenue Extended in a southeasterly direction about 600 feet to a point 
in the intersection of the center line of "A" Avenue and Carolina Avenue; 
thence leaving "A" Avenue and Carolina Avenue and running in a north- 
easterly direction about 1175 feet to a point in the intersection of the 
center line of Hollywood Drive with the center line of the first street South 
of East Street that leads southwestwardly through the New Hollywood 
Cemetery; thence with the center of Hollywood Drive in a northwestwardly 
direction about 400 feet to a point in the center line of Second (2nd) 
Street; thence with the center line of 2nd Street in a southeastwardly di- 
rection about 550 feet to a point in the center line of 2nd Street opposite 
McPhail Road; thence in a northeasterly direction to and with the center 
line of McPhail Road about 1300 feet to a point in the center line of 
McPhail Road in the 1965 corporate limit line of the City of Lumberton, 

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1965— Session Laws Ch. 282 

N. C; thence leaving the McPhail Road and running with the 1965 cor- 
porate limit line of the City of Lumberton, N. C, South 04 degrees 15 
minutes West about 500 feet to a point in the bottom of a ditch; thence 
as said ditch and the 1965 corporate limit line the following courses and 
distances: South 68 degrees 53 minutes East 88.7 feet; South 54 degrees 45 
minutes East 83.7 feet; South 46 degrees 08 minutes East 275.5 feet; South 
69 degrees 22 minutes East 107.6 feet; South 77 degrees 07 
minutes East 210.2 feet; South 68 degrees 37 minutes East 123.2 feet; 
North 84 degrees 09 minutes East 95.7 feet; South 45 degrees 
00 minutes East 111.9 feet; South 50 degrees 24 minutes East 588.2 feet; 
South 62 degrees 28 minutes East 194.9 feet to a point in a road; thence 
South 07 degrees 40 minutes West 561.7 feet to an iron stake in the West 
edge of a road, said iron stake being 138 feet at right angles North of 
the center line of the Warwick Mill Road; thence parallel with and 138 
feet at right angles North of the center line of the Old Warwick Mill Road, 
South 78 degrees 45 minutes East 1017.6 feet to a point; thence South 
73 degrees and 26 minutes East 171.3 feet to a point; thence South 10 
degrees 20 minutes West 109.7 feet to an iron stake on the North side 
of the Warwick Mill Road, said iron stake being 30 feet at right angles 
North of the center line of said road; thence parallel with and 30 feet at 
right angles North of the center line of said Warwick Mill Road the follow- 
ing courses and distances: South 65 degrees 24 minutes East 109.75 feet; 
South 58 degrees 23 minutes East 103.37 feet; and South 53 degrees and 30 
minutes East 648.75 feet to an iron stake on the North side of and 30 feet 
at right angles from the center line of said road; thence crossing said road 
and running parallel with and 37 feet at right angles East of the East wall 
of a tobacco warehouse as now exists South 35 degrees and 01 minute 
West 704.8 feet to an iron stake on the South side of N. C. Highway 
Number 211, said iron stake being 30 feet at right angles South of the 
center line of said Highway; thence parallel with and 30 feet at right 
angles South of the center line of N. C. Highway Number 211 North 54 
degrees and 19 minutes West 947.3 feet to a stake; thence parallel with 
and 30 feet at right angles from the center line of said Highway to and 
with the northern line of the Cooperative Warehouse North 54 degrees 19 
minutes West 536.5 feet to an iron stake in a ditch; thence with the ditch 
South 47 degrees 36 minutes West 90.9 feet to an iron stake in the ditch; 
thence to, with and beyond the North line of an unnamed street crossing 
U. S. Highway Number 74 North 78 degrees 09 minutes West 1156.7 feet 
to a stake on the North side of Glisson Street; thence South 10 degrees and 
33 minutes West 1066.6 feet to a point in the center line of the old White- 
ville Road; thence crossing the S.A.L. Railroad South 39 degrees and 21 
minutes West 1352.3 feet to an old iron pipe set in concrete in the Bullard 
Road, said iron pipe being a corner of the Williams and Bullard lands; 
thence as the Williams and Bullard line South 48 degrees and 40 minutes 
West 1183.8 feet to a point in the center line of the main line of the V & CS 
Railroad spur track leading to the Carolina Power and Light Company's 
Hydroelectric Plant; thence as said spur track the following courses and 
distances: North 50 degrees 19 minutes West 312.8 feet; North 46 degrees 

319 



Ch. 282 1965— Session Laws 

49 minutes West 260.8 feet; North 43 degrees and 43 minutes West 147 feet; 
North 41 degrees 31 minutes West 1137.4 feet; North 37 degrees 32 minutes 
West 133.3 feet; North 31 degrees and 01 minute West 154.3 feet; North 24 
degrees and 37 minutes West 112 feet and North 18 degrees 09 minutes 
West 131.7 feet to a point in the center line of the V & CS Railroad; thence 
leaving the railroad and running to and with the line of the Lumberton 
Land Company South 62 degrees 35 minutes West 1423.3 feet to a concrete 
monument on North bank of Lumber River by an old marked cypress 
pointer; thence up the northeast bank of Lumber River in a northwesterly 
direction about 1000 feet to the BEGINNING. 

"No. 5. BEGINNING at a point on the bridge on Chippewa Street 
above the North bank of Lumber River in the 1965 corporate limit line of 
the City of Lumberton, N. C, and runs thence with the 1965 corporate 
limit line of the City of Lumberton, N. C, and the North bank of Lumber 
River in a northwesterly direction about 3500 feet to a point in the center 
line of the bridge on South Elm and South Chestnut Streets, said point 
being above the North bank of Lumber River and said point being in the 
1965 corporate limit line of the City of Lumberton and said bridge being 
further described as being the "Cutlar Moore Bridge" across Lumber River; 
thence in a northeasterly direct